S & M Rotogravure Service, Inc. v. Baer

Two issues are presented on appeal:

1. Does the second amended third-party complaint state facts sufficient to constitute a cause of action for a money judgment based upon unjust enrichment against D&E?

2. Did the trial court abuse its discretion in denying S & M’s motion for summary judgment upon Baer’s counterclaim?

Third-Party Complaint

The trial court concluded that the second amended third-party complaint sufficiently states a cause of action in equity for unjust enrichment. The elements of such an action are:

“(1) a benefit conferred upon the defendant by the plaintiff; (2) an appreciation…