Western Casualty & Surety Co. v. Kohm

PUDLOWSKI, Judge.

The Western Casualty & Surety Co. (Western) brought an action for money had and received to recover $2400 mistakenly paid to its insured, Donald H. Kohm. The case was submitted to the trial court upon a stipulated statement of facts and memoran-da of law. The trial court found for the defendant, and Western appeals.

Because the facts were stipulated, the only question before this court is whether the trial court drew the proper legal conclusions from the facts stipulated. Schroeder v. Horack, 592 S.W.2d 742 (Mo. banc 1979). No timely request for findings of fact or conclusions…