ROBBINS v. FRANK COOPER ASSOCS.


14 N.Y.2d 913 (1964)

David Robbins, Appellant, v. Frank Cooper Associates et al., Respondents, et al., Defendants.

Court of Appeals of the State of New York.

Decided July 10, 1964.


Attorney(s) appearing for the Case

Joseph Calderon and William Baronoff for appellant.

Carleton G. Eldridge, Jr., and Gordon T. King for respondents.

Chief Judge DESMOND and Judges DYE, FULD, VAN VOORHIS, BURKE and SCILEPPI concur; Judge BERGAN taking no part.


Per Curiam.

Since we find that the Trial Judge submitted a single issue to the jury, viz.: whether there was a contract implied in fact, the proper measure of damages is reasonable value.

In this case the parties negotiated for the conveyance of the plaintiff's property and failed to agree upon the terms. Since the property was thereafter taken and made valueless for its owner, the law imposes an obligation...

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