Kelley Lumber Co. v. Woelfel

The circuit court concluded that the facts alleged in the complaint include the essential elements of quasi contract as set forth in Nelson v. Preston (1952), 262 Wis. 547, 55 N. W. (2d) 918. These are listed (p. 550) :

“ (1) A benefit conferred upon the defendant by the plaintiff ;

“(2) Appreciation by the defendant of the fact of such benefit ;

“(3) Acceptance and retention by the defendant of such benefit, under circumstances such that it would be inequitable to retain the benefit without payment of the value thereof.”

In Nelson v. Preston, the plaintiff furnished services and materials for…