## Facts

- New Britain’s common council authorized a building committee to engage an architect “under the terms and rates of the so-called Blue Book” to design a new police station and prepare plans and specifications; the mayor approved the resolution.
- The building committee engaged the architectural partnership Rossetti, DiCorcia & Mileto; Andrew Rossetti was the partner in charge on the project.
- After work began and about 30% of the blueprints were completed, one partner (DiCorcia) withdrew from the firm.
- Rossetti notified the building committee chair that the partnership would continue with Rossetti and Mileto; the city did not object and the firm continued providing services.
- After substantial work was performed, the city terminated the firm and engaged new architects.
- Rossetti claimed he acquired the partnership’s assets and that the city failed to pay for the services rendered.
- Rossetti sued on (1) express contract and (2) quantum meruit for the reasonable value of services.
- The trial court directed a verdict for the city on the express contract count; the jury awarded Rossetti $12,300 on quantum meruit.

## Issues

1. Whether the city’s acceptance and use of architectural services after a change in partnership composition permitted recovery in quantum meruit for their reasonable value.
2. Whether characterizing the arrangement as a nonassignable “personal services” contract barred any obligation to pay once a partner withdrew.
3. Whether the trial court properly directed a verdict for the city on the express contract count.

## Decision

- The court affirmed the judgment for Rossetti on the quantum meruit count, upholding the $12,300 jury verdict.
- The court rejected the city’s argument that the partnership change and “personal services” label eliminated liability where the city accepted and benefited from the work.
- On cross-appeal, the court held the directed verdict on the express contract count was erroneous to some extent because the evidence could permit a jury to find an enforceable contract.
- The court did not alter Rossetti’s monetary recovery, leaving judgment at the quantum meruit amount.

## Legal Principles

- A party, including a municipality, that knowingly accepts and retains the benefit of services may be obligated to pay their reasonable value under quantum meruit.
- Even if a contract for professional services is personal and generally nonassignable, acceptance of continued performance after a known change in partnership composition can support liability based on an implied promise to pay or restitution.
- A directed verdict is improper if, viewing the evidence most favorably to the nonmoving party, a reasonable jury could find the existence and enforceability of a contract.
- Appellate review of claimed instructional error is measured against the parties’ claims of proof as reflected in the record; unsupported claims of proof are disregarded.

## Conclusion

The court held that New Britain could not retain the benefit of architectural work without paying its reasonable value, even though the original architectural partnership changed composition and the city characterized the engagement as a personal-services contract; the quantum meruit judgment was affirmed, and the directed verdict against the express contract claim was deemed partially erroneous without increasing the recovery.


Rossetti v. New Britain, 163 Conn. 283 (1972)