Crowell v. Danforth

I agree with part I of the majority opinion. Regarding part II, however, *159I disagree that the proper course is to remand the case to the trial referee for a further articulation of the basis of his finding of unjust enrichment. I believe that the proper course is to reverse the judgment regarding unjust enrichment and to remand for a new trial on that issue.

I do not read the record, as does the majority, as unclear, ambiguous, incomplete, or without any basis for the trial referee’s decision on the issue of unjust enrichment. Paragraph A. 12 of the plaintiff’s motion to correct requested the…