Apfel v. Prudential Bache Securities, Inc.

616 N.E.2d 1095 (1993)

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Nature of the Case

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Facts

P, approached D with a proposal for issuing municipal securities through a system that eliminated the paper certificates and allowed the bonds to be sold, traded, and held exclusively by means of computerized book entries. P and D agreed to a contract and D was to pay even if the techniques used became public knowledge. D used the system and was the sole underwriter using that system for at least the first year. After three years of payments on the contract, D refused to pay any more. D contends that the ideas that P sold D were in the public domain and that P had no right to sell. P sued D. The court dismissed all of P's claims except the breach of contract claim. D's claim that the contract lacked consideration was dismissed. D appealed. D's claim of lack of consideration was reinstated and P's claim for unjust enrichment. P appealed.