Fox Consulting Group, Inc. v. Mailing Servs. of Pittsburgh, Inc.

Citations

• 2022 Ohio 1215

Syllabus

BREACH OF CONTRACT — CIV.R. 12(B)(6) — QUANTUM MERUIT — UNJUST ENRICHMENT: The trial court erred by granting defendant's Civ.R. 12(B)(6) motion to dismiss plaintiff's breach-of-contract claim where the court failed to accept all allegations in plaintiff's complaint as true and erred in determining that plaintiff failed to sufficiently allege that defendant breached the parties' contract. The trial court properly granted defendant's Civ.R. 12(B)(6) motion to dismiss plaintiff's quantum meruit/unjust enrichment claim because an equitable claim in quasi-contract will not lie where plaintiff acknowledged the parties' contract covered the same subject matter.