Durst v. Milroy General Contracting, Inc.
52 A.3d 357
| Pa. Super. Ct. | 2012Background
- Dursts appeal an order overruling their demurrer to Milroy's quantum meruit complaint.
- In April 2010, Milroy and the Dursts formed an oral home-improvement contract; Milroy would be paid $2,694 for work performed May 19–26, 2010.
- Milroy alleges later changes to the agreed work, including molding around a door, and submitted invoices accordingly.
- Milroy initially prevailed in magisterial district court for $2,512; Dursts appealed to the court of common pleas and Milroy was directed to file a complaint under MDJ 1004(B).
- Milroy filed a quantum meruit claim (amended to include only quantum meruit); Dursts raised a preliminary objection alleging HICPA bars recovery without a written contract.
- The trial court overruled the objection; Dursts sought interlocutory appeal; this Court granted permission to appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does HICPA bar quantum meruit without a written contract? | Milroy: HICPA silent on quasi-contract recovery. | Dursts: HICPA precludes such recovery absent a written contract. | HICPA does not bar quantum meruit; quasi-contract recovery survives. |
| Is Milroy entitled to quantum meruit despite no written contract? | Milroy asserts unjust enrichment supports recovery for value conferred. | Dursts argue no contract means no recovery under HICPA. | Yes, Milroy may recover under quantum meruit when quasi-contract applies. |
Key Cases Cited
- Am. & Foreign Ins. Co. v. Jerry’s Sport Ctr., Inc., 606 Pa. 584 (Pa. 2010) (quantum meruit defined; unjust enrichment supports implied contract)
- Schenck v. K.E. David, Ltd., 446 Pa. Super. 94 (Pa. Super. 1995) (elements of unjust enrichment)
- Mitchell v. Moore, 729 A.2d 1200 (Pa. Super. 1999) (unjust enrichment elements; retention of benefit)
- Feingold v. Hendrzak, 15 A.3d 937 (Pa. Super. 2011) (standard for ruling on preliminary objections)
- Torcia v. Torchia, 499 A.2d 581 (Pa. Super. 1985) (unjust enrichment analysis; equity of payment)