Joseph C. Sansone Co. v. Dow Corning Corp.

Full title: JOSEPH C. SANSONE CO., Plaintiff, v. DOW CORNING CORP., Defendant

Court: United States District Court, E.D. Missouri, Eastern Division

Date published: May 4, 2006

Case No. 4:05CV1570 RWS (E.D. Mo. May. 4, 2006)

Opinion

Case No. 4:05CV1570 RWS.

May 4, 2006

MEMORANDUM AND ORDER

RODNEY SIPPEL, District Judge

This matter is before me on Defendant's Motion to Dismiss Count II of Plaintiff's Amended Complaint [#26]. The motion is without merit and will be denied.

Sansone has filed a two-count amended complaint against Dow. Count I alleges breach of contract. Count II alleges a claim for quantum meruit. Dow has moved to dismiss arguing that Sansone may not plead both breach of contract and quantum meruit. Dow is incorrect.

Under Fed.R.Civ.P. 8 (e), a party may plead alternative theories. In Missouri, a party may plead both breach of contract and quantum meruit. E.g., Boyd v. Lane, 869 S.W.2d 305, 307 (Mo.Ct.App. 1994). Sansone's breach of contract and quantum meruit claims are properly pled under Rule 8 and Missouri law.

Accordingly,

IT IS HEREBY ORDERED that Defendant's Motion to Dismiss [#26] is DENIED.