Scheerer, a real estate agent, helped arrange for Fisher to buy some commercial real estate for $20 million. The property seller and Fisher, the buyer, each promised to pay Scheerer a two percent commission, but the deal fell apart before it was completed. Fisher then formed a new company and had a third party, Antonio, buy the property and sell it to Fisher's new company. Scheerer learned of the deal, from which he got no commission, and sued for breach of contract or quantum meruit for reasonable compensation. The trial court held there was no contract or basis for payment to Scheerer. He appealed.

1. There was no written contract involving Scheerer and the purchase of the property by Fisher from Antonio, so why should Scheerer receive payment?
2. Does this rule allow many parties to claim they were cheated out of a deal, thereby generating a lot of litigation?