Order setting aside verdict and directing a new trial unanimously affirmed, with costs to abide the event.
The case was given to the jury upon two theories (1) express contract under which plaintiff could recover 5% of the net moneys accruing to the defendant from the underwriting and (2) quantum meruit. While there may be some evidence to support a finding that there was an agreement to pay the plaintiff 5% of a sum up to $500,000 there is insufficient evidence...
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