Eastern Metal Products, Inc. v. Deperry
Eastern Metal Products, Inc. v. Deperry
Opinion of the Court
In this unjust enrichment action, the plaintiff appeals from the judgment rendered on the defendant tenant’s motion to dismiss.
The plaintiff alleged that it had supplied materials to a contractor hired by the tenant to construct improvements on premises leased by her. The plaintiff further alleged that the contractor installed the materials on the premises, that the plaintiff had not been paid and that the materials were being used by and in possession of the tenant.
On the day of trial, no factual hearing was held, and the lease was not entered into evidence. Nevertheless, the trial court, sua motu, requested the tenant to make an oral motion to dismiss the action, which the court granted. The trial court based its ruling on its determination that the materials were affixed to the real estate and conferred no benefit on the tenant because she did not own the premises.
“Unjust enrichment is a very broad and flexible equitable doctrine; Cecio Bros., Inc. v. Greenwich, [156 Conn. 561, 564, 244 A.2d 404 (1968)]; which has as its basis that it is contrary to equity and good conscience for the defendant to retain a benefit which has come
The judgment is reversed and the case is remanded for further proceedings.
In this opinion the other judges concurred.
Reference
- Full Case Name
- EASTERN METAL PRODUCTS, INC. v. BRIAN DEPERRY
- Cited By
- 12 cases
- Status
- Published