Rissi v. Cappella

OPINION BY

BENDER, J.:

¶ 1 Pasquale A. Rissi (Appellant) appeals from the judgment entered in favor of Michael Cappella (Appellee) at the conclusion of an action to partition the assets of West Butler Enterprises, Inc. (WBE). Appellant claims that the trial court erred in concluding that a contract implied in fact did not exist. We agree, and therefore, we vacate the judgment and grant Appellant a new trial.

¶ 2 This action was commenced by Appellant against Appellee. The matter proceeded to a non-jury trial and the trial court issued an opinion setting forth the facts of the case as follows:

At…