Bank of the West v. Wes-Con Development Co.

The plaintiff, Bank of the West, appeals from an order dismissing its action for fraud and unjust enrichment against Mt. View Sand & Gravel and Newland Construction Company, joint payees upon a bank check. The action was dismissed on the ground that a claim had not been stated upon which relief could be granted. We remand for trial.

Newland Construction Company, a general contractor, Wes-Con Development Company, a subcontractor, and Mt. View Sand & Gravel, a materials supplier to Wes-Con, were engaged in a construction project. To assure payment for materials supplied to the subcontractor…