Mogavero v. Silverstein
Maryland Court of Special Appeals
790 A.2d 43 (2002)
- Written by Salina Kennedy, JD
Facts
Samuel Mogavero (plaintiff), a retired general contractor, alleged that his friend Larry Silverstein (defendant) had orally agreed that Mogavero would help Silverstein convert a warehouse into luxury lofts and that Silverstein would pay Mogavero five percent of the constructions costs. The parties did not discuss the precise scope of Mogavero’s duties. A year into the project, which was in its planning phase, Silverstein fired Mogavero. After firing Mogavero, Silverstein continued with the project and successfully completed it. Mogavero sued Silverstein for quantum meruit. In support of his quantum meruit claim, Mogavero introduced evidence of the reasonable value of his services. However, Mogavero did not introduce evidence of the benefit Silverstein had received from his services. The trial court granted Silverstein’s motion for summary judgment, reasoning that Mogavero had failed to prove the actual value of the benefit Silverstein received from Mogavero’s work. Mogavero appealed.
Rule of Law
Issue
Holding and Reasoning (Salmon, J.)
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