DC Welch Trucking v. Lagowski
2021 Ohio 4555
| Ohio Ct. App. | 2021Background
- Appellant Roger Lagowski owned a six‑acre parcel with an unfinished lot he intended to finish as a parking/ trailer lot.
- DC Welch Trucking (Welch) made 54 deliveries of stone to that lot (≈1,360 tons), billed $27,234.39, and received a single $1,500 cash payment. Welch delivered the materials at the direction of Dennis Wilcox (Wilcox Excavating) or at Wilcox’s request.
- Welch sued Lagowski for breach of contract and unjust enrichment after not being paid in full; the case proceeded to a bench trial.
- The trial court found by clear and convincing evidence that an oral (requirement) contract existed and alternatively found unjust enrichment, awarding $25,734.39 plus interest.
- Lagowski appealed, arguing (1) the breach‑of‑contract finding was against the manifest weight of the evidence because he paid Wilcox, and (2) the unjust enrichment finding failed because retention of the benefit was not unjust given his asserted payments to Wilcox. The Seventh District affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether unjust enrichment elements were met | Welch: he conferred a benefit (stone), Lagowski knew of it, and it is unjust for Lagowski to retain benefit without payment | Lagowski: he paid Wilcox for the stone; Wilcox (not Lagowski) is liable; retention is not unjust | Court: Trial court credibility findings supported by competent, credible evidence; unjust enrichment elements proven; affirm (not against manifest weight) |
| Whether an oral/requirement contract existed (breach) | Welch: oral requirement contract existed; proved by clear and convincing evidence | Lagowski: no contract with Welch; Wilcox was the contracting party/subcontractor; testimony not credible | Trial court found oral contract proven by clear and convincing evidence, but appellate court affirmed on alternative unjust enrichment ground (and overruled assignment of error) |
Key Cases Cited
- Hambleton v. R.G. Barry Corp., 12 Ohio St.3d 179 (1984) (sets elements of unjust enrichment)
- C.E. Morris Co. v. Foley Constr. Co., 54 Ohio St.2d 279 (1978) (bench‑trial manifest‑weight/competent credible evidence standard)
- Seasons Coal Co. v. Cleveland, 10 Ohio St.3d 77 (1984) (deference to trial court on witness credibility)
- Fuchs v. United Motor Stage Co., 135 Ohio St. 509 (1939) (definition and validity of requirement contracts)
- Gerijo, Inc. v. Fairfield, 70 Ohio St.3d 223 (1994) (appellate review standards and deference to trial court findings)
- Henkle v. Henkle, 75 Ohio App.3d 732 (1991) (restitution/unjust enrichment principle)
- Laurent v. Flood Data Serv., Inc., 146 Ohio App.3d 392 (2001) (discusses causation/tie between plaintiff's loss and defendant's benefit for unjust enrichment)