Breach of Contract – Unjust Enrichment – Damages

Listen to this article

WI Court of Appeals – District I

Case Name: Hydro Well Drilling LLC v. Basil Ryan, III, et al.

Case No.: 2018AP192

Officials: DUGAN, J.

Focus: Breach of Contract – Unjust Enrichment – Damages

Hydro Well Drilling LLC appeals the circuit court’s order denying its damages claim and dismissing its action against Basil Ryan, III (“Ryan III”) and Jennifer Ryan (collectively the “Ryans”); Basil Ryan, II (“Ryan II”); and Ryan Management LLC (collectively the “Ryan Defendants”). This matter arises from work done in November 2016 on a property owned by the Ryans. Subsequently, Hydro Well filed a small claims action against the Ryan Defendants seeking damages. The matter was tried to the court.

On appeal, Hydro Well contends that the trial court erred because it found that (1) Hydro Well had no right to recover any damages from any Ryan Defendant; (2) there was no implied contract between it and any Ryan Defendant, and (3) Hydro Well had not established damages for unjust enrichment.

We conclude that the trial court properly found that Hydro Well failed to prove that it had any right to recover any damages from any of the Ryan Defendants, failed to prove that there was an implied contract between it and any of the Ryan Defendants, and failed to prove that it was entitled to recover damages for unjust enrichment. Furthermore, we conclude that the trial court properly found that, even if Hydro Well had proven that it was entitled to recover damages for unjust enrichment, it failed to prove the value of any benefit that was conferred upon the Ryans. We also deny the Ryan Defendants’ motion for sanctions on appeal.