CALLANO V. OAKWOOD PARK HOMES CORP., NJ, 1966 by JohnMValentine

VIEWS: 42 PAGES: 1

									CONTRACTS CALLANO V. OAKWOOD PARK HOMES CORP., NJ, 1966 History: Defendant Oakwood appeals from a judgment of $475 entered in favor of Plaintiff Callano Facts: Callano planted shrubbery for Pendergast, who was the purchaser of a home under a contract of sale w/Oakwood; Pendergast bought property from Oakwood; Pendergast died before paying Oakwood; Oakwood didn’t know it wasn’t paid by Pendergast; after Pendergast died, his estate cancelled the contract of sale w/Oakwood; Oakwood then resold the property, including the shrubbery, to a 3rd party Issue: Is Oakwood, w/no contractual relationship to Callano, obligated to pay for the benefit received on the theory of quasi-contract? Holding: Judgment reversed—no Analysis: To prove liability in quasi-contract, Plaintiff must show Defendant was enriched and that the retention of the benefit by Defendant would be unjust under the circumstances While Oakwood clearly received a benefit, the retention of such benefit does not appear unjust; Callano had no dealings w/Oakwood and did not expect remuneration from it when the shrubbery was provided; Callano’s remedy is against estate of Pendergast and not Oakwood


								
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