Johnson v. Penny
Supreme Court of South Dakota
779 N.W. 2d 412 (2010)
Johnson (plaintiff) contracted with farmer Larson to remove and keep rock from his land, then to install drain tile in exchange for more extracted rock, ultimately extracting 1,100 tons but removing only a few truckloads, with the rest stored on Larson's land with permission. After repeated unanswered inquiries, Larson let Penny (defendant) take the rock for free; months later, Johnson invoiced Larson, got no response, and sued both Larson and Penny. The trial court found unjust enrichment against both and awarded Johnson quantum meruit damages (the cost of the benefit); Larson and Penny appealed.
Whether restitution is the proper remedy for unjust enrichment resulting from an involuntary transfer without an express contract.