BELL
v.
SUPERIOR COURT, LOS ANGELES COUNTY, CALIFORNIA

U.S. | 1946-10-21
No. 451
329 U.S. 759 Supreme Court of the United States (1946) Positive Treatment
Cited by 4 cases

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  • Autohaus Brugger, Inc. v. Saab Motors, Inc., 567 F.2d 901 (9th Cir. 1978)
    …rk after September 30, 1972, that Saab continued to send literature to Autohaus, and that one of Autohaus’ employees attended a Saab dealership meeting in November. Autohaus relies on Martin v. Campanaro, 156 F. 2d 127 (2nd Cir. 1946), cert. denied, 329 U.S. 759, [67 S.Ct. 112, 91 L.Ed. 654] which states: “A contract implied in fact derives from the ‘presumed’ intention of the parties as indicated by their conduct. When an agreement expires by its terms, if, without more, the parties continue to perform as…
  • Waldemar P. Thomson v. The United States, 357 F.2d 683 (Ct. Cl. 1966)
    …epeatedly recognized by the courts, that contracts may be “implied in fact”. See Baltimore & Ohio R. R. Co. v. United States, 261 U.S. 592, 597, 43 S.Ct. 425, 67 L.Ed. 816 (1923); Martin v. Campanaro, 156 F. 2d 127, 130 (C.A.2, 1946), cert. denied, 329 U.S. 759, 67 S.Ct. 112, 91 L.Ed. 654. It has long been accepted that “there may be a state of facts from which an implied contract or promise to pay for services rendered may be justly inferred; and we do not doubt that in such a case, where the United Stat…
  • Campbell v. Tenn. Valley Auth., 421 F.2d 293 (5th Cir. 1969)
    …properly limited to the value of the benefit which was acquired”. At 939. This confusion in the cases is clarified by a statement made in a footnote of the Court’s decision in Martin v. Campanaro (2 Cir., 1946), 156 F. 2d 127, 130 n. 5, cert. den. 329 U.S. 759, 67 S.Ct. 112, 91 L.Ed. 654: The claimants are entitled to recover on a quantum meruit basis. But “quantum meruit” is ambiguous; it may mean (1) that there is a contract “implied in fact” to pay the reasonable value of the services, or (2) that, to…

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