Unjust Enrichment

Unjust Enrichment

By , Jul 13 in Law with 0 comments

No Palimony by Unjust Enrichment Plaintiff, decedent’s cohabitant, sued decedent’s estate for unjust enrichment. Circuit court found that plaintiff did not significantly contribute to construction of residence or purchase of rental property. Circuit court also found that plaintiff did not show that she received from decedent, in cash and in kind, less than she contributed. The record supports those findings. Therefore, circuit court did not err in finding that plaintiff’s cohabitation with decedent did not unjustly enrich decedent under theory of contract implied-in-law. Other theories of contract, implied-in-fact or express, do not apply on appeal when not raised in circuit court. JUDY ANN JOHNSON, Plaintiff-Appellant vs. ESTATE OF WESLEY H. MCFARLIN, Deceased, by and through its duly appointed Personal Representative, REBECCA J. LINDSTROM, Defendant-Respondent Missouri Court of Appeals, Southern District – SD30149

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