From our private database of 35,600+ case briefs...
Commerce Partnership 8098 Limited Partnership v. Equity Contracting Co.
Florida District Court of Appeal
695 So. 2d 383 (1997)
Commerce Partnership 8098 Limited Partnership (Commerce) (defendant) owned an office building. Commerce contracted with World Properties, Inc. (the general contractor) to perform improvements on the building. The general contractor contracted with Equity Contracting Co. (Equity) (plaintiff) to perform work on the office building. Both Commerce and the general contractor inspected Equity’s work as it progressed. When Equity completed its work, Commerce inspected it and asked Equity to do some repairs. Equity asked for partial payment before starting the repairs, which Commerce refused. Equity filed suit against the general contractor, who filed for bankruptcy. Equity then filed suit against Commerce under the theory of quantum meruit. At trial, after Equity rested, Commerce moved for involuntary dismissal, arguing that Equity had not proven a “contract implied in fact.” The court denied Commerce's motion. In its closing argument, Equity said that it had proved its claim for quantum meruit, which it said meant “unjust enrichment.” Commerce moved to reopen its case, asserting that Equity’s statement in closing was the first indication that Commerce was defending a quasi-contract claim. The court granted Commerce’s motion. Commerce provided evidence that the contract price was nearly $257,000, that it had paid over $64,000 directly to three subcontractors for their work on the project, and that it had paid over $223,000 to the general contractor. Equity objected that this evidence was irrelevant, and the court sustained the objection. The trial court entered judgment in favor of Equity, and Commerce appealed to the Florida District Court of Appeal.
Rule of Law
Holding and Reasoning (Gross, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 618,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.Unlock this case briefRead our student testimonials
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.Learn about our approachRead more about Quimbee
Here's why 618,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 35,600 briefs, keyed to 984 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.