On December 9, 2024, Justice Crane of the New York County Commercial Division issued a decision in GoGreen Diamonds Inc. v. Quantum Jewelry LLC, 2024 NY Slip Op. 34431(U), denying a motion for summary judgment on a quantum valebant claim because there were questions of fact regarding the value of the goods sold, explaining:
The third cause of action denominated Quantum Valebant, alleges that plaintiff consigned the Lab Grown Diamond Goods referenced herein to defendant in good faith and with the expectation of being compensated therefore by defendant and seeks the fair and reasonable value of the Goods received and retained by defendant but not paid for.
There is a dearth of recent New York cases involving claims seeking to recover under a theory of quantum valebant. At common law, this claim was a count in an assumpsit action to recover payment for goods sold and delivered to another. In its motion papers, plaintiff characterizes this cause of action as a claim to recover payment for goods sold and delivered. To recover under a claim for goods sold and delivered, the plaintiff must establish a sale and delivery of the goods in question, the defendant’s acceptance of the goods and its failure either to pay the agreed upon price or raise an objection to the sale terms, as reflected in the invoices, when the goods were delivered or within a reasonable time thereafter.
Plaintiff is not entitled to summary judgment under this theory because questions of fact exist as to whether there was an agreed upon price for the goods sold to defendant’s customers. To the extent plaintiff is seeking the fair and reasonable value of the goods as opposed to the price set forth in the invoices, questions of fact exist as to the amount of goods retained without payment. There is no evidence establishing the reasonable value of any of the merchandise at issue. This also presents an issue of fact for trial.
Thus, that branch of plaintiff’s motion for partial summary judgment on the third cause of action is denied.
(Internal quotations and citations omitted).