holding requires prior notice as a condition to recovery under quasi contract. The recipient of a benefit must be placed upon notice that the party performing the services expected to be paid. Id. 479 F.2d at 212; Jones v. King Resources Co., 32 Colo. App. 56, 509 P.2d 814, 816 (1973); Bellanca Corp. v. Bellanca, 53 Del. 378, 169 A.2d 620, 623 (1961).
Our review of the record does not show any basis for recovery upon quasi contract. The facts in this case do not establish that defendant was unjustly enriched at the expense of plaintiff by reason of selling its interest in Jo-Mill to Austral. Plaintiff has not shown on this record any facts which demonstrate that defendant violated its December 26, 1974 agreement with Girard, or that defendant had any knowledge of plaintiff at the time it conveyed its interest in Jo-Mill to Austral. Therefore, defendant had no prior notice that plaintiff was rendering services with the expectation that defendant would pay for those services. Neither the required showing of unjust enrichment nor prior notice have been met by plaintiff.
On the contrary, allowing plaintiff to collect a finder's fee from defendant, after plaintiff had already received compensation for his efforts in regard to Girard's sale of its remaining interest in Jo-Mill, would constitute unjust enrichment to the plaintiff by allowing him to collect twice for the same services. We hold that plaintiff is not entitled to recovery on the basis of quasi contract.
Plaintiff also contends that he is entitled to recovery because of defendant's intentional, wanton and malicious interference with plaintiff's right to a finder's fee. Pennsylvania law recognizes an action in tort for an intentional, unprivileged interference with prospective business or contractual relations of third parties with a plaintiff. Glenn v. Point Park College, 441 Pa. 474, 477, 272 A.2d 895, 897 (1971); Jacobson & Co. v. International Environment Corp., 427 Pa. 439, 455, 235 A.2d 612, 621 (1967); Glazer v. Chandler, 414 Pa. 304, 308, 200 A.2d 416, 418 (1964); Birl v. Philadelphia Electric Co., 402 Pa. 297, 300, 167 A.2d 472, 474 (1960). The elements of this tort are (1) the actor (defendant) must act for the purpose of causing a specific type of harm to the plaintiff, (2) such action must be unprivileged, and (3) the harm must actually result. Point Park College, 272 A.2d at 898; Philadelphia Electric Co., 167 A.2d at 474; Restatement, Torts, § 766 (1939). Underlying these requisites is the existence of a contract or prospective contractual relation between the third party and the plaintiff. Moreover, the tort is an intentional one. The defendant or actor must act for the purpose of causing harm to the plaintiff. Point Park College, 272 A.2d at 898, 899. See Salomon v. Crown Life Insur. Co., 536 F.2d 1233, 1238 (8th Cir.), cert. denied, 429 U.S. 961, 50 L. Ed. 2d 329, 97 S. Ct. 387 (1976); Zoby v. American Fidelity Co., 242 F.2d 76, 79 (4th Cir. 1957); Highway Paving Co. v. Hausman, 171 F. Supp. 768, 770 (E.D. Pa. 1959); Restatement (Second), Torts, Tentative Draft No. 23, § 766(b) (1977).
Plaintiff has submitted no evidence which would even suggest tortious interference with plaintiff's right to a finder's fee. Defendant did not know that plaintiff was rendering services, nor that plaintiff was rendering services with the expectation that defendant would pay for them. There was no business or contractual relation between plaintiff and defendant nor any interference by defendant with the business and contractual relations of plaintiff. Defendant had no knowledge of, purpose or intent to interfere with the prospective business or contractual relations of plaintiff. Girard disclosed Austral's bid to defendant, in accordance with the prior agreement of December 26, 1974. As we have heretofore found, defendant at all times acted in accordance with its December 26, 1974 agreement with Girard and lawfully conveyed its interest in Jo-Mill to Austral. We hold that plaintiff is not entitled to recovery on the theory of tortious interference.
Accordingly, defendant's motion for summary judgment will be granted, and judgment entered in favor of defendant and against plaintiff.
AND NOW, this 15th day of June, 1978, upon consideration of defendant's motion for summary judgment, pursuant to Fed. R.Civ.P. 56, for the reasons set forth in the memorandum filed this 15th day of June, 1978, it is hereby ORDERED that said motion is GRANTED and that judgment is entered in favor of defendant Continental Oil Co. and against plaintiff Walter S. Sachs, together with costs.
RAYMOND J. BRODERICK, J.