concurring specially.
I agree that the summary judgment in this case must be affirmed. I see no need to invoke the doctrine of unjust enrichment or the law that supports it. In its decision letter, the district court opined:
“There is no dispute that the parties entered into a contract for the purchase by plaintiff of a franchise from defendant at a cost of $30,000.00. Plaintiff paid the amount due. However, he received nothing in return. Therefore, defendants are in breach of the contract and are liable to plaintiff for the amount paid, together with interest at the legal rate from the date of payment.” (Emphasis added.)
The trial court simply decided a straightforward breach of an express contract case. The decision was correct, and it should be affirmed without any reliance upon unjust enrichment. The result of the majority opinion seems to suggest that one cannot recover damages for breach of contract, but instead must invoke a quasi-contract theory. The law justifies recovery of damages for breach of contract, and that is what the district court awarded.