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Cochran v. Ogletree

Plaintiff was entitled to recover the money she deposited under an invalid agreement with defendants on the basis of money had and received or unjust enrichment.

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Pamela Ogletree sued Billy Cochran and Gregory D. Reed d/b/a Cochran and Reed on two purported construction contracts that were never performed to recover $55,000 deposited on Contract I and $20,000 deposited on Contract II; the defendants answered and counter-sued for their losses under Contract I. After a bench trial, the trial court found that plaintiff breached Contract I; that the defendants had damages of $18,003.07 resulting from their good faith part performance of Contract I; that the defendants owed plaintiff a refund of $31,996.93 of unearned funds deposited by the plaintiff on Contract I; and that on Contract II neither party was at fault because of the impossibility of performance, but defendants in good faith incurred $4,700 in expenses and had to refund $15,300 of the deposited funds of $20,000 to the plaintiff. The defendants appealed the judgment contending that plaintiff was not entitled to any refund under the Contract I, because the money was paid voluntarily and that the defendants had no duty to prove their damages. We do not agree and affirm the judgment of the trial court.

1. Defendants’ first contention is that the trial court erred as a matter of law in requiring any refund on Contract I, because plaintiff voluntarily paid the money. We do not agree.

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