Commerce Partnership v. Equity Florida District Court of Appeal 1997 1) Facts a) Plaintiff was a subcontractor hired to perform improvements on Defendant’s property. b) Following the completion of the work, Plaintiff received a punch list of remedial work. c) The remedial work was not performed by Plaintiff because the partial payment was requested and refused. d) Plaintiff alleges that Defendant did not fully pay the general contractor and as a result, Plaintiff was not paid. e) Plaintiff paid out $256,894 which left some of the money unaccounted for 2) History a) The trial court found in favor of Equity for 17,100. b) Commerce claims they paid out the money already 3) Issues a) Was their an implied or quasi contract i) Plaintiffs claim for a quasi contract (1) Elements are 1) the plaintiff has conferred a benefit on the defendant; 2) the defendant has knowledge of the benefit; 3) the defendant has accepted or retained the benefit conferred, and 4) the circumstances are such that it would be inequitable for the defendant to retain the benefit without paying fair value for it (2) Plaintiff must prove two elements, Maloney case (3) If Commerce has paid one party for the benefit conferred by Equity then a judgment will be rendered for Commerce 4) Judgment: Reversed and Remanded.