Quimbee logo
DMCA.com Protection Status
From our private database of 17,300+ case briefs...

Filo v. Liberato

Court of Appeals of Ohio
987 N.E.2d 707 (2013)


Michael Liberato (defendant) engaged general contracting firm D&R Construction and Maintenance (D&R) to perform work on a commercial construction project. Liberato orally promised D&R that he would fully compensate entities hired by D&R for all subcontracted work performed. Thereafter, D&R engaged Anthony Filo (plaintiff) as a subcontractor to provide materials and perform services to build curbing, sidewalks, floors, and other work on the project. D&R failed to make payments to Filo for the services rendered. Filo approached Liberato and requested the past due amounts. Liberato refused to pay. Filo filed suit against Liberato, alleging fraud, unjust enrichment, promissory estoppel, and conversion. Filo argued that Liberato had paid one other subcontractor in full, and that there was thus no justification for not paying for Filo’s services. The trial court granted Liberato’s motion to dismiss the complaint, holding that the statute of frauds required Liberato’s oral promise to pay the debts of D&R to be in writing. Filo appealed.

Rule of Law


Holding and Reasoning (Waite, J.)

What to do next…

  1. 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 457,000 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.

  2. 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 457,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 17,300 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.

Questions & Answers

Have a question about this case?

Sign up for a free 7-day trial and ask it

Sign up for a FREE 7-day trial