Barry Mogul & Associates, Inc. v. Terrestris Development Co.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• dismissing implied contract claim where the express contract’s “online services terms cover[ed] the same subject-matter as the alleged implied contracts[.]”
• noting that relief is available under a theory of quantum meruit when one party has benefitted from the services of another under circumstances which, according to the dictates of equity and good conscience, he or she should not, to retain such benefit
• a section 2—619 motion to dismiss admits all well-pleaded facts together with all reasonable inferences drawn therefrom
• a section 2-619 motion to dismiss admits all well-pleaded facts together with all reasonable inferences drawn therefrom
• general rule is that no quasi-contractual claims may exist where there is an express contract between the parties
• “It is well established, as a general rule, that a plaintiff cannot pursue a quasi-contractual claim where there is an enforceable express contract between the parties.”

Source: CourtListener parenthetical corpus (CC0).