From our private database of 14,100+ case briefs...
Commerce Partnership 8098 Limited Partnership v. Equity Contracting Co.
Florida District Court of Appeal
695 So. 2d 383
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 Equity had not proven its case under the theory of “contract implied in fact.” That motion was denied. In its closing argument, Equity stated that it was seeking to prove “unjust enrichment.” Commerce moved to reopen its case, stating that Equity’s statement in closing was the first indication that Commerce was defending a quasi-contract claim. The trial 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. The trial court granted Equity’s objection to this evidence as irrelevant. The trial court entered judgment in favor of Equity. 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 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read 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. Read more about Quimbee.
Here's why 220,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 14,100 briefs, keyed to 189 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.