Ford Vs Miller Case Study

3898 Words16 Pages
Lindquist Ford v. Miller, --- F.3d ----, 2009 WL 454730 (7th Cir. 2009) Middleton Motors, Inc., a struggling Ford dealership near Madison, Wisconsin, sought managerial and financial assistance from Lindquist Ford, Inc., a successful Ford dealership located in Bettendorf, Iowa. The ensuing negotiations centered on Middleton’s need for management services and a cash infusion from Lindquist. The two dealerships generally agreed that Craig Miller, Lindquist’s general manager, would take over as manager of Middleton and that Lindquist would be compensated for these services based on Middleton’s profits after Miller turned the dealership around. Before entering into more serious negotiations, the parties signed a confidentiality agreement drafted by Lindquist. It included the following relevant provisions: In connection with the interest of [Lindquist], in exploring the possible acquisition (the…show more content…
Unlike under unjust enrichment, however, a plaintiff can recover under quantum meruit even if he confers no benefit on the defendant. See, e.g., Barnes v. Lozoff, 20 Wis.2d 644, 123 N.W.2d 543 (Wis.1963) (allowing recovery for architect who created blueprints that were valueless to the defendant because defendant did not own some of the land at issue in the blueprints). Under quantum meruit, damages are “measured by the reasonable value of the plaintiff's services,” and calculated at “the customary rate of pay for such work in the community at the time the work was performed.” To take advantage of the more liberal recovery rule of quantum meruit, a plaintiff must prove two elements, both relating to the parties' course of conduct. As explained by the Wisconsin Supreme Court, to recover under quantum meruit, the plaintiff must prove that “the defendant requested the [plaintiff's] services” and “the plaintiff expected reasonable compensation” for the

More about Ford Vs Miller Case Study

Open Document