RICKLI v. AUTZEN


526 P.2d 547 (1974)

Jack O. RICKLI et al., Appellants, v. D. AUTZEN et al., Respondents.

Supreme Court of Oregon.

Decided September 26, 1974.


Attorney(s) appearing for the Case

Gerald R. Pullen, Portland, argued the cause and filed a brief for appellants.

Frederick A. Jahnke, Portland, argued the cause for respondents. With him on the brief were Robert C. Wall and Reiter, Wall, Bricker & Zakovics, P.C., Portland.

Before McALLISTER, P.J., and DENECKE, HOLMAN, TONGUE and BRYSON, JJ.


HOLMAN, Justice.

Plaintiffs brought an action based on the theory of restitution, claiming that defendants were unjustly enriched by money paid by plaintiffs to a third party under a mistake of fact. A demurrer was sustained to plaintiffs' complaint and plaintiffs appealed from a judgment dismissing their complaint which was entered when they refused to plead further.

The complaint states that defendants were the...

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