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Kwickie/Flash Foods Inc. v. Lakeside Petroleum Inc.

The plaintiff could not recover in quantum meruit for the defendant's breach of the parties' contract.

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Appellee-plaintiff Lakeside Petroleum, Inc. “Lakeside” brought the instant action for breach of contract,1 or, in the alternative, for quantum meruit or unjust enrichment against appellant-defendant Kwickie/Flash Foods, Inc. “Flash Foods”. Lakeside sought damages in the amount of $21,297.42, the balance owing for gasoline and diesel fuel it delivered to a Milledgeville Flash Foods store. Flash Foods timely filed its answer denying the material allegations of the complaint and admitting its receipt of such fuel in the alleged amount under a contract between the parties. Thereafter, Lakeside filed its motion for judgment on the pleadings, arguing that Flash Foods had otherwise admitted liability for the value of the fuel on quantum meruit or an unjust enrichment theory, Counts 2 and 3 of the complaint, respectively. Flash Foods now appeals from the superior court’s order granting Lakeside judgment on the pleadings in the sum of $21,297.42, as well as its costs of litigation and interest. Held:

“The grant of a motion for judgment on the pleadings under OCGA § 9-11-12 c is proper only where there is a complete failure to state a cause of action or defense.” Pressley v. Maxwell, 242 Ga. 360 249 SE2d 49 1978″ Maxwell v. Cronan, 241 Ga. App. 491, 493 1 527 SE2d 1 1999. ” ‘For purposes of the motion all well-pleaded material allegations of the opposing party’s pleading are to be taken as true, and all well-pleaded allegations of the moving party which have been denied are taken as false.’ Cits.” Pressley v. Maxwell, supra at 360.

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