You are viewing a free summary from Descrybe.ai. For citation checking, legal issue analysis, and other advanced tools, explore our Legal Research Toolkit — not free, but close.

Overseas Development Disc Corp., and Intervening Cross-Defendant-Appellee, and Universal Development Corp., Intervening and Intervening Cross-Plaintiff-Appellant, Cross-Appellee v. Sangamo Construction Co., Inc., Cross-Appellant

Citations: 840 F.2d 1319; 1988 U.S. App. LEXIS 2510Docket: 85-2902

Court: Court of Appeals for the Seventh Circuit; February 11, 1988; Federal Appellate Court

Narrative Opinion Summary

In Overseas Development Disc Corp. v. Sangamo Construction Co., Inc., the Seventh Circuit Court reviewed a prolonged litigation concerning the interpretation of quantum meruit under Kuwaiti law in the context of a construction contract secured by Sangamo in Kuwait. The case involved Overseas, an international business broker, and Universal Development Corp., which claimed rights through an assignment from Taj Farouki, a representative facilitating Sangamo's Middle Eastern ventures. Central disputes included the entitlement to commissions based on quantum meruit and express contract claims. The district court awarded Overseas a commission based on implied contract theories but later adjusted the quantum meruit award following a remand for further evidence. The appellate court affirmed the assignment of rights to Universal and clarified the application of Kuwaiti law, including the common fund doctrine for attorney's fees. The judgment was mixed, affirming some findings and remanding others for further proceedings, particularly concerning attorney's fees and the precise quantum meruit recovery, while emphasizing the necessity of equitable treatment in line with Kuwaiti commercial law principles.

Legal Issues Addressed

Assignment of Rights and Joint Ventures

Application: The court upheld the validity of Farouki's assignment of rights to Universal while determining no joint venture existed between Farouki and Overseas.

Reasoning: The court upheld the validity of Farouki's assignment of rights to Universal and determined that no contract existed between Overseas and Sangamo, as Sangamo had not agreed to pay the Finders and had rejected their requests.

Breach of Fiduciary Duty and Good Faith

Application: The court found no breach of fiduciary duty by Overseas in its dealings with Farouki, concluding that actions were taken in good faith.

Reasoning: Under Kuwaiti law, Overseas did not breach any duty if it acted in good faith to establish a binding agreement.

Common Fund Doctrine and Attorney's Fees

Application: The court applied the common fund doctrine to allocate attorney's fees and collection costs before distributing the commission to Overseas and Farouki.

Reasoning: The court ruled that Overseas was entitled to its attorney's fees as part of the costs between solicitor and client, implicitly denying Universal's claim for its attorney's fees related to the same gross commission.

Determination of Foreign Law

Application: The district court's determination of Kuwaiti law was treated as a legal ruling subject to appellate review.

Reasoning: A district court has the authority to determine foreign law using various sources, including expert testimony, and its decisions regarding foreign law are treated as legal rulings subject to appellate review.

Quantum Meruit under Kuwaiti Law

Application: The court examined the application of quantum meruit under Article 180 of the Kuwaiti Law of Commerce, determining market value for services rendered by Overseas and Farouki.

Reasoning: The district court determined the market value of services rendered by Overseas was 0.75% of the Kuwait Motorway Project award, equating to $472,500, influenced by Overseas' inexperience and reciprocal assistance from Sangamo.