Dobbs Houses, Inc. v. Hastings

BOUTALL, Judge.

This is an appeal from a summary judgment in favor of plaintiff, awarding plaintiff a money judgment for money erroneously paid to defendant. Defendant-appellant contends that the trial court erred in awarding judgment for plaintiff because there was a genuine issue as to a material fact, and that, as a matter of law, plaintiff is not entitled to recover money paid on a natural obligation.

The affidavits and the documents attached thereto, clearly show that there is no genuine issue of material fact, and that summary judgment is proper.

Plaintiff’s affidavits and documents show…