Gillman v. Emel

Defendants appeal from a judgment for plaintiff on an “equitable” quantum meruit claim. The trial court entered the judgment after the jury found for defendants on plaintiffs alternative express contract claim. We reverse.

Plaintiff brought this action to recover unpaid sales commissions that she allegedly earned while working for defendants. The dispute centered on what percentage of her sales she was to receive as commissions. Her first claim was on an express contract. In her second claim, she alleged that defendant Emel or his agents represented that she would receive the same percentage…