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HIGGINS v. SCHERR

No. 87-2580.

837 F.2d 155 (1988)

Milton P. HIGGINS, III, Plaintiff-Appellant, v. Nathan SCHERR, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided January 12, 1988.

Attorney(s) appearing for the Case

Geoffrey Robert Garinther (James L. Shea, Venable, Baetjer & Howard, Baltimore, Md., on brief), for plaintiff-appellant.

Curtis C. Coon (Stuart Levine, Rachel E. Zelkind, Burke, Gerber, Wilen & Francomano, Baltimore, Md., on brief), for defendant-appellee.

Before HALL and MURNAGHAN, Circuit Judges, and KAUFMAN, Senior United States District Judge for the District of Maryland, sitting by designation.

MURNAGHAN, Circuit Judge:

The factual antecedents of the present case began with a long friendship or acquaintanceship between the plaintiff, Milton P. Higgins, III, and the defendant, Nathan Scherr. Scherr enjoyed the good fortune of being the owner of the horse, Aloma's Ruler, which won the 1982 Preakness at Pimlico Race Track in Baltimore. Higgins, claiming he had provided services to Scherr, filed an action for breach of contract, for quantum meruit, and...

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