Callano v. Oakwood Park Homes Corp.

91 N.J. Super. 105, 219 A.2d 332 (1966)

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Nature of the Case

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Facts

Oakwood Park Homes Corp. (D) was constructing a housing development and contracted to sell a lot to Bruce Pendergast. Pendergast hired Callano (P) to deliver and plant shrubs on the lot. Pendergast died without having paid the $497.95 for the shrubbery. D, who was unaware of the shrubbery contract. The land sale contract was canceled by Pendergast’s estate. D then resold the lot with the shrubbery on it. P sued for the value of the shrubs, claiming that D was unjustly enriched because the shrubbery improved the land's value. D appealed a judgment for P. The single issue was whether D is obligated to pay P for the reasonable value of the shrubbery on the theory of quasi-contractual liability. P contends that D was unjustly enriched when the Pendergast contract to purchase the property was canceled and that an agreement to pay for the shrubbery is implied in law. D argues that the facts of the case do not support a recovery by P on the theory of quasi-contract.