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Case Summary
Erisoty v. Rizik
Erisoty v. Rizik, No. 93-6215, (E.D. Pa. 1995), aff’d without comment, No. 95-1807, (3d Cir. 1996).
Précis
A Giaquinto Painting entitled Winter was stolen in 1960 and restituted to Jacqueline and Philip Rizik by the Federal Bureau of Investigation in 1993. The FBI retrieved it from Steven Erisoty, who, along with several relatives, had purchased the painting at auction in 1989 and had spent several years restoring the badly damaged canvas. Erisoty brought suit seeking an award of title to the work or, alternatively, seeking damages on a
quantum meruit
Latin for as much as he has deserved 1) The reasonable value of services; damages awarded in an amount considered reasonable to compensate a person who has rendered services in a quasi-contractual relationship; 2) A claim or right of action for the reasonable value of services rendered; 3) At common law, a count in an assumpsit action to recover payment for services rendered to another person. Quantum meruit is still used today as an equitable remedy to provide restitution for unjust enrichment. It is often pleaded as an alternative claim in a breach-of-contract case so that the plaintiff can recover even if the contract is unenforceable (Black’s Law Dictionary (8th ed. 2004)).
quantum meruit theory. The court held that. . . .
Associated Legal Decision(s)
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