FLOORING SYSTEMS, INC. V. RADISSON GROUP INC.
160 Ariz. 224, 772 P.2d 578 (1989)
NATURE OF THE CASE: This was an appeal of a summary judgment based on unjust enrichment.
FACTS: Flooring (P) was a subcontractor that did not get paid from the general
contractor, Five Star. P then sued to recover the monies due and named Raddison (D) the
ultimate customer as a party. D withheld final payments to Five Star because it knew that
the subcontractors were not being paid. The sum withheld was $25,000. P alleged breach of
contract and unjust enrichment against D and moved for a summary judgment. The existence of
the subcontract agreement between P and Five Star eliminated any type of unjust enrichment
recovery. Summary judgment was granted. P appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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