Justice Court of Village of Horseheads, New York
676 N.Y.S.2d 850 (N.Y. 1998)
Kurt Soderholm (plaintiff) and Stephanie Kosty (defendant) were college roommates involved in a romantic relationship. The relationship lasted for a little over one year. During the relationship, Soderholm paid for some of Kosty’s expenses, such as her share of rent due under the apartment lease, which totaled $770.25. Soderholm kept a ledger of the various expenses, but none of the entries were signed by Kosty. The entries totaled $2,500. Soderholm brought an action seeking restitution, or the return or recompense of something wrongfully taken from its rightful owner. Soderholm based his claims for restitution upon the theories of implied contract, unjust enrichment, and express contract.
Rule of Law
Holding and Reasoning (Brockway, J.)
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