Scott Mollen

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Breach of Contract—Negligence—Unjust Enrichment—Where an Agreement Is Indefinite as to Price, the Contract Lacks a Material Term—When an Agreement Is Silent as to the Length of Performance and Lacks Any Termination Provision, the Agreement Is Barred by the Statute of Frauds

A plaintiff commenced an action, asserting claims for breach of contract, negligence and unjust enrichment. The defendant moved to dismiss the complaint for failure to state a claim pursuant to Federal Rules of Civil Procedure 12(b)(6). The court granted the defendant's motion.