Comet Theatre Enterprises, Inc. v. Cartwright

DENMAN, Chief Judge.

This is an appeal from a judgment against Comet Theatre Enterprises, Inc., hereafter Comet, a California corporation, plaintiff in an action against appellees, citizens of Utah, on a common count for money had and received. Recovery was sought by Comet of money voluntarily paid to the defendants for their full performance of a contract for services of a supervisory nature rendered by the defendants to Comet in connection with the construction of the latter’s drive-in theatre. Comet contends that it is entitled to judgment because, as admitted, the defendants were not…