Cremium LLC v. E. Shore Forest Prods. Inc.

The defendant’s motion to dismiss claims against it for fraudulent inducement, quantum meruit, and tortious interference with a contract will be granted.

This case concerns wood, sold by the plaintiff and bought by the defendant. During peak demand for firewood in winter 2017–18, the defendant convinced the plaintiff to supply the defendant rather than the defendant’s top competitor. When the weather turned unexpectedly warm, the defendant allegedly balked at its purchase commitments. But the plaintiff did not plead fraud with sufficient particularity, and quantum meruit does not apply when the parties have a contract, as they did here.

Motion to dismiss granted.

Cremium LLC v. E. Shore Forest Prods. Inc., No. 6:18cv63, Nov. 9, 2018. WDVA at Lynchburg (Moon).



Categories: U.S. District Court - Western District of Virginia

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