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Contracts Keyed to Murray
Cambria Savings & Loan Ass’n v. Estate of Gross
Facts
Gross signed a contract for the installation of siding. Gross planned to obtain disability insurance to cover the cost of the siding. The contract included a handwritten statement from the contractor that the contract would be null and void if Gross was unable to obtain disability insurance. The contractor completed the work despite knowing that Gross had not yet obtained insurance. Gross died, and his estate failed to pay for the siding. The contractor assigned its claim to Cambria Savings & Loan Association (Plaintiff), which sued Gross’s estate (Defendant). The trial court instructed the jury that the contract was a nullity, but that Plaintiff could recover on a quasi-contract action for unjust enrichment. Defendant appealed.
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