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The statute of frauds is inapplicable to an action in quantum meruit. An action founded on quantum meruit is 'a common law variety of restitution,' B & F of Clearwater, Inc. v. Wesley Construction Co., 237 So. 2d 790, 792 (Fla. 2d DCA 1970), 'to enforce an implied promise, otherwise referred to as a 'quasi contract' or a contract implied in law.' Tobin & Tobin Ins. Agency, Inc. v. Zeskind, 315 So. 2d 518, 520 (Fla. 3d DCA 1975).

The Restatement of Contracts distinguishes an action on a contract from a quantum meruit or restitution action for the purposes of the statute of frauds, informing us that 'an action for restitution . . . is not regarded as an action 'upon' the contract within the meaning or purpose of the Statute of Frauds, and the remedy is not in general affected by the Statute.' Restatement (Second) of Contracts § 141, cmt. a (1981). Thus, when a plaintiff uses quantum meruit to obtain recovery when the statute of frauds otherwise would deny recovery, modern courts with one exception allow recovery and are consistent in measuring recovery when the plaintiff has performed services for the defendant. The one ...

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