Dominiack Mechanical, Inc. v. Dunbar

I concur with the dismissal of the claim for conversion. I disagree, however, with the majority's conclusion that the trial court erred in dismissing Dominiack's claim for unjust enrichment.

In order to prevail on a claim for unjust enrichment, a plaintiff must establish that the plaintiff has conferred a measurable benefit upon the defendant under such circumstances that retention of the benefit without payment would be unjust. Bright v. Kuehl, 650 N.E2d 311 (Ind.Ct.App.1995). This theory is sometimes referred to as restitution, a contract implied in law, quasi-contract, or, somewhat more…