Cambria Savings & Loan Ass'n v. Estate of Gross

439 A.2d 1236 (1982)

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Cambria Savings & Loan Ass'n v. Estate of Gross

Pennsylvania Superior Court
439 A.2d 1236 (1982)

  • Written by Mary Pfotenhauer, JD

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 (Cambria) (plaintiff), which brought suit against Gross’s estate (the estate) (defendant). The trial court instructed the jury that the contract was a nullity, but that Cambria could recover on a quasi-contract action for unjust enrichment. The estate appealed.

Rule of Law

Issue

Holding and Reasoning (Montemuro, J.)

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