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The appellate court reversed the trial court's dismissal of plaintiff's breach-of-contract and breach-of-good-faith claims, finding the trial court erroneously considered financial records not part of the pleadings when ruling on the motion for judgment on the pleadings. The court affirmed dismissal of the unjust-enrichment claim and remanded for further proceedings.
CONTRACT — CONDITION PRECEDENT — BREACH OF CONTRACT — UNJUST ENRICHMENT — GOOD FAITH AND FAIR DEALING — PLEADINGS — MOTIONS — JUDGMENT ON THE PLEADINGS — CIV.R. 12(C) — WRITTEN INSTRUMENT — CIV.R. 10(C): Defendant employer in a contract dispute was not entitled to judgment on the pleadings because the financial statement attached to its answer was not a "written instrument" and was an improper basis upon which to grant judgment on the pleadings. The complaint sufficiently alleged breach-of-contract and breach-of-good-faith-and-fair-dealing claims and therefore, the trial court erred in granting defendant a judgment on the pleadings as to these claims, but defendant was entitled to judgment on plaintiff employee's pleadings unjust-enrichment claim where an express contract existed between the parties.
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