West End Federal Savings & Loan Ass'n v. Di Boise

This is an appeal from a judgment and order which denied the motion of the plaintiff for summary judgment and dismissed its complaint.

The facts are not controverted. The plaintiff, on January 2, 1958, erroneously paid overdue taxes on real estate owned by the defendant and her husband. There was no obligation or relationship between the parties and the money was paid without the knowledge of the defendant.

Thereafter the plaintiff started an action against the defendant to recover the amount paid and after various conferences between the respective attorneys and the parties, an agreement was…