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Callano v. Oakwood Park Homes Corp.

Superior Court of New Jersey
219 A.2d 332 (1966)


Facts

Julia Callano and Frank Callano (plaintiffs) entered into a contract with Bruce Pendergast, pursuant to which they delivered and planted shrubbery on property that Pendergast had contracted to purchase from Oakwood Park Homes Corp. (Oakwood) (defendant). Pendergast died shortly after the shrubbery was planted and he had not yet paid the Callanos’ invoice for the shrubbery. Pendergast’s estate then agreed with Oakwood to cancel the contract to purchase the property where the shrubbery had been planted, and the property was sold, with the shrubbery, to new purchasers. The Callanos brought an action against Oakwood for the amount of the unpaid invoice, claiming that Oakwood was unjustly enriched by the shrubbery planted on the property and sold to the new purchasers. Monmouth County District Court entered judgment in favor of the Callanos, and Oakwood appealed.

Rule of Law

Issue

Holding and Reasoning (Collester, J.)

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