Lawlis Ex Rel. Scott v. Thompson

HEFFERNAN, CHIEF JUSTICE.

This is an appeal from a judgment of the circuit court for Racine county, Dennis D. Costello, circuit judge, accepted on the certification of the court of appeals pursuant to Rule 809.61, Stats. This is an action for refund of moneys alleged to constitute unjust enrichment. At trial the plaintiff Cathy K. Lawlis prevailed.

The principal question posed on this appeal is whether a party to a nonmarital cohabitation, by reason of that cohabitation, is precluded, by legislative or public policy, from making a claim she might otherwise have for restitution, on the theory of…