BHP Land Services, LLC v. Seymour
47 A.3d 950
Conn. App. Ct.2012Background
- Defendant owns Enfield property; Jennifer Seymour operates a horse boarding/training business there without a contract with plaintiff.
- Plaintiff graded, cleared, stumped, and leveled land on two acres in 2007 and nine acres in 2008 at Jennifer’s request; work billed but not all paid.
- Jennifer Seymour acted as defendant’s agent; defendant paid taxes and mortgage but did not participate in the business or pay rent.
- Plaintiff filed a four-count complaint in 2009, including unjust enrichment and quantum meruit claims against defendant individually; first count sought foreclosure of a mechanic’s lien as trustee.
- Trial court held no contract between plaintiff and defendant but awarded restitution under quantum meruit and unjust enrichment totaling $26,250.
- On appeal, court affirmed the restitution awards and found defendant benefited from plaintiff’s work, with damages based on the contract price for the work performed, offset by payments made by Jennifer Seymour.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether unjust enrichment/quantum meruit proper where no contract. | Plaintiff seeks restitution despite lack of contract. | No contract; plaintiff cannot recover noncontractual damages. | Yes, recoveries affirmed under noncontractual theories. |
| Whether defendant benefited from plaintiff’s work. | Work conferred a benefit to defendant as owner. | Insufficient proof of benefit. | Benefit found; recovery upheld. |
| Whether contract allegations foreclose noncontractual claims. | Complaint pleaded contract and noncontractual theories in belt-and-suspenders fashion. | Contract pleadings barred noncontractual claims. | Allegations not a judicial admission; noncontractual theories available. |
Key Cases Cited
- Rent-A-PC, Inc. v. Rental Management, Inc., 96 Conn. App. 600 (2006) (unjust enrichment hinges on whether defendant benefited and payment was due)
- Gagne v. Vaccaro, 255 Conn. 390 (2001) (quantum meruit and unjust enrichment are noncontractual restitution remedies)
- Hartford Whalers Hockey Club v. Uniroyal Goodrich Tire Co., 231 Conn. 276 (1994) (benefit valuation evidence may be used to measure restitution)
- Schirmer v. Souza, 126 Conn. App. 759 (2011) (restitution merits reviewed for clear error when based on balance of factors)
- Stein v. Horton, 99 Conn. App. 477 (2007) (alternative pleadings of contract and unjust enrichment common; not binding)