INDUSTRIAL CREDIT CO. v. INLAND G. M. DIESEL

No. 313.

51 Wis.2d 520 (1971)

187 N.W.2d 157

INDUSTRIAL CREDIT COMPANY, Respondent, v. INLAND G. M. DIESEL, INC., Appellant.

Supreme Court of Wisconsin.

Decided June 2, 1971.


Attorney(s) appearing for the Case

For the appellant there was a brief by Charlton, Yanisch, Greco & Roffa, attorneys, and Richard F. Yanisch of counsel, all of Milwaukee, and oral argument by Richard F. Yanisch.

For the respondent there was a brief and oral argument by John C. Shabaz of West Allis.


HEFFERNAN, J.

In Gebhardt Bros., Inc. v. Brimmel (1966), 31 Wis.2d 581, 584, 143 N.W.2d 479, we restated the elements necessary to establish a claim based on unjust enrichment. We said:

"These elements are: (1) A benefit conferred upon the defendant by the plaintiff; (2) an appreciation or knowledge by the defendant of the benefit; and (3) the acceptance or retention by the defendant of the benefit under such circumstances...

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