IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
TRANSPORT INTERNATIONAL POOL, INC. :
CIVIL ACTION
:
v.
:
:
UNITED TRANSPORT CARRIERS
:
NO. 02-8163
MEMORANDUM
Padova, J.
April 21, 2003
Plaintiff Transport International Pool, Inc. (“TIP”) has
brought this action against United Transport Carriers for breach of
contract and unjust enrichment arising from Defendant’s alleged
failure to make payments for the use of trailers which it leased
from Plaintiff. Before the Court is Defendant’s Motion for Summary
Judgment. For the reasons which follow, the Motion is denied.
I.
FACTUAL BACKGROUND
The Complaint in this action, which was filed in the Chester
County Court of Common Pleas, docket number 02-07389, alleges the
following facts. Defendant entered into numerous agreements to
lease trailers owned by Plaintiff. (Compl. ¶ 8.) Defendant agreed
to make payments to Plaintiff in the manner set forth in the Lease
Agreements and Plaintiff delivered the trailers to Defendant.
(Compl. ¶¶ 10-11.) Defendant defaulted under the Lease Agreements
by failing to pay Plaintiff a total of $392,779.65 for use of the
trailers. (Compl. ¶ 12.) Defendant failed to return ten of the
trailers to Plaintiff and Plaintiff has a legal right to the return
of those trailers. (Compl. ¶¶ 13 and 15.) Exhibit A to the
Complaint is comprised of partial copies of Lease Agreements
2
between Plaintiff and Defendant for seventeen (17) trailers. The
Complaint does not state which, if any, of these seventeen Lease
Agreements pertain to the ten trailers that Defendant allegedly
failed to return to Plaintiff. The Complaint does not allege any
VIN numbers, serial numbers, or other descriptive information by
which the ten unreturned trailers could be identified. The
Complaint asserted causes of action for breach of contract, unjust
enrichment, and conversion against Defendant United Transport
Carriers and its owner, Perry Muller, and requested monetary
damages in the amount of $565,279.65, comprising the unpaid lease
paymen