LeVangie v. Raleigh
2019 Ohio 810
Ohio Ct. App.2019Background
- In Feb 2014 a fire damaged a duplex owned by Linda Raleigh; insurer paid $177,897.39 for rebuilding.
- On Nov 14, 2014 Raleigh and contractor Michael LeVangie signed a handwritten contract to perform repairs for $177,647.34.
- LeVangie began work, obtained some permits but started construction without a full building permit; Raleigh paid him about $53,520 (including a $10,000 check for upkeep).
- Work stopped after Raleigh withheld further payments; she terminated LeVangie in Nov 2015 and her son/ex-husband completed the project; LeVangie filed a mechanic’s lien in Dec 2015.
- LeVangie sued for breach of contract and marshalling liens; Raleigh counterclaimed for breach, negligence, unjust enrichment, slander of title, and fraud. Trial court found LeVangie materially breached the express contract but awarded him $34,977 on a quasi-contract/quantum meruit theory; Raleigh appealed.
Issues
| Issue | Plaintiff's Argument (LeVangie) | Defendant's Argument (Raleigh) | Held |
|---|---|---|---|
| Whether unjust enrichment/quantum meruit recovery is available when an express contract exists | LeVangie implicitly argued recovery was equitable because he conferred a benefit despite contract breach | Raleigh argued unjust enrichment is unavailable where an express contract governs the subject matter | Court: Reversed unjust enrichment award; quantum meruit not available because an express contract existed |
| Proper measure/amount of recovery awarded under quasi-contract | LeVangie argued he expended ~$88,497 and was entitled to the difference from payments received (~$34,977) | Raleigh disputed the amount and urged that contract remedies govern | Court: Moot after reversing unjust enrichment award |
| Whether Raleigh proved breach-of-contract damages on her counterclaim | Raleigh argued she overpaid LeVangie by $7,207 (based on costs to complete/repair) | LeVangie did not contest breach findings; Raleigh needed to prove damages | Court: Denied Raleigh damages — she failed to show out-of-pocket loss beyond insurance proceeds |
| Whether Raleigh proved slander of title from mechanic’s lien | Raleigh argued lien was untimely/invalid and injured her | LeVangie relied on filing constituting publication and lien assertion | Court: Counterclaim for slander of title failed — Raleigh provided no evidence of actual pecuniary damages; court ordered lien removed given reversal of unjust enrichment recovery |
Key Cases Cited
- Hummel v. Hummel, 133 Ohio St. 520 (discusses quasi-contract as legal fiction to prevent unjust enrichment)
- Rice v. Wheeling Dollar Savings & Trust Co., 155 Ohio St. 391 (distinguishes express contracts from contracts implied in law)
- Paugh & Farmer, Inc. v. Menorah Home for Jewish Aged, 15 Ohio St.3d 44 (equates quasi-contract remedies with restitution and quantum meruit)
- Hambleton v. R.G. Barry Corp., 12 Ohio St.3d 179 (sets elements for unjust enrichment recovery)
- Lucarell v. Nationwide Mut. Ins. Co., 152 Ohio St.3d 453 (breach of contract elements and requirement of proof of damages)