Key Pontiac, Inc. v. Blue Grass Savings Bank

MOORE, Chief Justice.

Defendant Blue Grass Savings Bank appeals from trial court order sustaining plaintiff Key Pontiac’s motion for summary judgment in an action brought for recovery of $4120.94. Plaintiff had alleged the $4120.94 was the amount of a check which it. had sent to defendant-bank for the special purpose of obtaining a certificate of title to an automobile which it had taken in trade. Defendant had retained the cheek without sending the certificate of title. Trial court concluded as a matter of law plaintiff was entitled to recovery under a theory of money had and received. We…