Peebles v. GrassMasters Property Management, Inc.
A landscaping company sued a homeowner who signed a services contract and his non-signatory spouse, obtaining a judgment against the husband for breach of contract/account stated and against the wife for unjust enrichment on overlapping damages. The Third DCA reversed as to the wife, holding that because the plaintiff had a valid legal remedy under its express contract with the husband, it could not obtain equitable recovery against the non-party spouse on the same subject matter.
Key facts
- Landscaping company GrassMasters sued homeowner Peebles, who had signed a services contract, and his non-signatory spouse for lawn maintenance services provided.
- Trial court entered judgment against the husband for breach of contract/account stated and against the wife for unjust enrichment on overlapping damages for the same services.
- +2 more key facts with a free trial
Why it matters
Useful authority for defendants seeking dismissal of unjust enrichment counts pleaded against non-signatory affiliates, spouses, or principals when the plaintiff has an express contract with a co-defendant covering the… — full analysis with a trial
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