California, United States of America
The following excerpt is from Tackett v. Croonquist, 244 Cal.App.2d 572, 53 Cal.Rptr. 388 (Cal. App. 1966):
In support of their appeal, defendants cite only Kesslar v. Sapp, 169 Cal.App.2d 818, 338 P.2d 34, to the effect that where a party stands upon a contract he may not rely upon an unjust enrichment theory. The cited authority presents the [244 Cal.App.2d 577] corollary of that proposition: that where money has been paid under a contract unenforceable because of uncertainty, an action to recover the money may be brought upon a theory of unjust enrichment.
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