Deck House, Inc. v. Scarborough, Sheffield & Gaston, Inc.

Marshall, Judge.

Appellee-plaintiff brought this action against House for money had and received. In its complaint plaintiff seeks a refund of $4,882, which it paid to Deck House as a "non-returnable deposit” under a contract to purchase building materials. Plaintiff had planned to use the materials to construct a condominium on a lot in a residential development, but plaintiff later failed to purchase the lot and asked for return of its deposit. Deck House refused to return the money on the ground that the deposit was nonreturnable under the terms of the contract. Deck House also…