Missouri Court of Appeals· 5/4/2010
Howard v. Turnbull
Citations
- 316 S.W.3d 431
- 2010 Mo. App. LEXIS 569
- 2010 WL 1752182
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- stating that unjust enrichment demands a concrete benefit “actually conferred and unjustly retained.”
- stating where “plaintiff has entered into an express contract for the very subject matter for which he seeks recovery, unjust enrichment does not apply”
- \plaintiff's entering into an agreement with known risks precluded recovery under an unjust enrichment claim when an anticipated contingency occurred\
- no recover for unjust enrichment where any benefit was conferred “voluntarily, deliberately, and without complaint” as bargained for
- “If the plaintiff has entered into an express contract for the very subject matter for which he seeks recovery, unjust enrichment does not apply, for the plaintiff's rights are limited to the express terms of the contract.”
- “If the plaintiff has entered into an express contract for the very subject matter for which he seeks recovery, unjust enrichment does not apply, for the plaintiff's nights are limited to the express terms of the contract.’’
Source: CourtListener parenthetical corpus (CC0).
Judges: Mitchell, Hardwick, Martin
Read full opinion on CourtListenerCited by
39 cases in this archive cite this case; the 20 most cited are listed.
- Samvel Topchian v. JPMorgan Chase Bank, N.A.Eighth Circuit· 2014-07-28· cited 1,505×
- Community Bank of Trenton v. Schnuck Markets, IncorporatedSeventh Circuit· 2018-04-11· cited 137×
- In re Sony Gaming Networks & Customer Data Security Breach LitigationS.D. California· 2014-01-21· cited 82×
- Hargis v. JLB Corp.Supreme Court of Missouri· 2011-12-20· cited 48×
- Peel v. Credit Acceptance Corp.Missouri Court of Appeals· 2013-05-28· cited 42×
- Mary Lowe v. Susan HillMissouri Court of Appeals· 2014-05-20· cited 36×
- Kline v. City of Kansas CityMissouri Court of Appeals· 2011-02-15· cited 27×
- Smith v. City of St. LouisMissouri Court of Appeals· 2013-06-11· cited 27×
- In re Automotive Parts Antitrust LitigationE.D. Michigan· 2014-07-03· cited 24×
- Superior Edge, Inc. v. Monsanto Co.D. Minnesota· 2014-09-08· cited 24×
- Affordable Communities of Missouri v. Federal National Mortgage Ass'nEighth Circuit· 2013-05-09· cited 21×
- Brunner v. City of ArnoldMissouri Court of Appeals· 2013-12-17· cited 17×
- Jill Hennessey v. The Gap, Inc.Eighth Circuit· 2023-11-14· cited 17×
- Brooke Drywall of Columbia, Inc. v. Building Construction Enterprises, Inc.Missouri Court of Appeals· 2011-12-20· cited 14×
- Hunt v. Estate of HuntMissouri Court of Appeals· 2011-09-13· cited 14×
- R & R Land Development, L.L.C. v. American Freightways, Inc.Missouri Court of Appeals· 2012-12-19· cited 14×
- Missouri Public Entity Risk Management Fund v. American Casualty Co. of ReadingMissouri Court of Appeals· 2013-04-30· cited 13×
- Cromeans v. Morgan Keegan & Co.W.D. Missouri· 2014-09-23· cited 12×
- Rental Co. v. Carter Group, Inc.Missouri Court of Appeals· 2013-04-30· cited 9×
- Grisham v. Mission BankMissouri Court of Appeals· 2017-06-13· cited 8×
Cites
11 cases in this archive are cited by this case.
- Murphy v. CarronSupreme Court of Missouri· 1976-05-05· cited 7,357×
- Hertz Corp. v. Raks Hospitality, Inc.Missouri Court of Appeals· 2006-04-18· cited 50×
- American Motorists Insurance Co. v. ShrockMissouri Court of Appeals· 1969-10-06· cited 35×
- Farmers New World Life Insurance Company v. JolleyMissouri Court of Appeals· 1988-03-15· cited 25×
- Graves v. BerkowitzMissouri Court of Appeals· 2000-04-11· cited 22×
- JB Contracting, Inc. v. BiermanMissouri Court of Appeals· 2004-09-10· cited 20×
- Rolla Lumber Company v. EvansMissouri Court of Appeals· 1972-06-20· cited 17×
- White v. PruiettMissouri Court of Appeals· 2001-03-20· cited 17×
- Beeler v. MartinMissouri Court of Appeals· 2010-01-12· cited 15×
- Conseco Finance Servicing Corp. v. Missouri Department of RevenueSupreme Court of Missouri· 2003-03-04· cited 15×
- Stahlhuth v. SSM Healthcare of St. LouisMissouri Court of Appeals· 2009-04-28· cited 10×
Other cases named Howard v. Turnbull
1 other CourtListener record shares this case name.
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