Business Development Services, Inc. v. Field Container Corp.

This is an appeal from the trial court order which granted defendant’s motion to dismiss plaintiff’s amended complaint. The issues presented for review are: (1) whether the amended complaint states a cause of action;(2) whether the contractual two-year time limitation is applicable; (3) whether defendant waived the two-year limitation; (4) whether count II states a cause of action for breach of an oral contract; (5) whether plaintiff is entitled to recover under quantum meruit.

The amended complaint contains the following pertinent allegations:

Count I: In June, 1976, plaintiff, a business…