REMEDIES OUTLINE
iii.Rosenberg v. Levin
1. F: Rosenberg П contended he could recover in quantum
meruit for his work as Levin’s Δ attorney, as such
recovery was not limited by the amount called for in their
employment contract after Rosenberg П was discharged
without cause.
2. R: An attorney discharged without cause may recover in
quantum meruit only the maximum fee called for in his
contract.
iv.Ward v. Taggart
1. F: A real estate broker falsely purporting to represent a
seller failed to submit a buyer’s offer but instead
purchased the land for himself at a lower price and
immediately resold it at a substantial profit to the buyer.
2. R: By waiving the tort and suing in assumpsit, a defrauded
individual may recover the defrauding individual’s unjust
enrichment in quasi-contract, as well as exemplary
damages where appropriate, as a deterrent.
v.Winslow, Cohu & Stetson, Inc. v. Showronek
1. F: Winslow, Cohu & Stetson, Inc. П brokers, sought to
recover the value of securities which were inadvertently
registered in Showronek’s Δ name and delivered to
Showronek Δ who, through no wrongdoing, sold the
securities and made a substantial profit.
2. R: Under the doctrine of unjust enrichment, a broker is
entitled to a constructive trust of the sale proceeds of
stock mistakenly delivered to a client who innocently sells
the stock, realizing a substantial profit.
c. Waiver of Tort and Suit in Assumpsit
i. H. Russell Taylor’s Fire Prevention Service Inc. v. Coca Cola
Bottling Corp.
1. F: When Coca Cola Bottling Corp. Δ failed to return certain
cylinders owned by Russell Taylor’s Fire Prevention
Service, Inc. П, Taylor П sued Coca Cola Δ for the
cylinders or their value, even though more than three
years had expired since Coca Cola’s Δ failure to return
Taylor’s П property on demand.
2. R: The appropriate statute of limitations for timely filing of
a claim upon an alleged breach of implied contract of sale
is the four-year period set forth in the California
Commercial Code §2725(1).
ii.Felder v. Reeth
1. F: Reeth Δ was sued for the value of various goods for
which he did not pay but counterclaimed, alleging that
Felder П wrongfully took possession of his hydraulic plant,
converted it to his own use, and sold it.
2. R: Where, in a case of conversion, the tort is waived and
the action is treated as a sale, the measure of damages is
the market value of the property upon resale by the
wrongdoer.
18