WHAT IF THE FACTS WERE DIFFERENT? Suppose that Fisher had not ultimately obtained the properties (through Antonio and the assignment) and had shown no further interest in the properties after he had rescinded the first contract. Would Scheerer still have had a valid claim against Fisher for recovery in quantum meruit? Why or why not?

THE ETHICAL DIMENSION Was Fisher’s unethical behavior (in misleading Scheerer into believing that he was still interested in making a subsequent offer on the properties) a factor in the court’s decision? Explain.

In January 2007, David Scheerer, a licensed real estate agent, told Jack Fisher, the manager of Renaissance Ventures, LLC, that two parcels of property were for sale. Fisher asked Scheerer to investigate the costs of developing the properties, which Scheerer did. After Scheerer had negotiated the terms of sale with the owners of the properties, Fisher executed purchase contracts for the properties for a combined price of $20 million. The contracts stated that the sellers of the properties would pay Scheerer a 2 percent commission. Fisher, who had previously dealt with Scheerer, orally promised to pay Scheerer a 2 percent commission for his role as Fisher’s buying agent. In April 2007, through no fault of Scheerer or the sellers, Fisher and Renaissance rescinded (canceled) the offers to buy the properties. Shortly thereafter, Fisher arranged for Anthony Antonio to purchase the properties for substantially less than $20 million and then assign the new purchase contracts to Fisher. Scheerer and the property sellers had no knowledge of the relationship between Fisher and Antonio. Indeed, during this time, Fisher continued to discuss with Scheerer the amount Fisher would subsequently offer the original sellers for the purchase of the properties and the timing of this subsequent offer. After Antonio bought the properties, he assigned the contracts to Fisher, at which point, Scheerer learned of the relationship. Scheerer, who received no commission from the buyers, only from the sellers, sued Fisher for breach of implied contract and to recover in quantum meruit for his services. The trial court dismissed the complaint for failure to state a claim, and Scheerer appealed.