Tamera Atwell
v.
Ronald William Mehrhoff Jr.
Appellee
Tamera Atwell
Appellant
Ronald William Mehrhoff Jr.
Attorney for the Appellee
Alan M. Wilson
Attorney for the Appellant
Verle W. Norris
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Wayne County, Patrick W. Greenwood, Judge. REVERSED. Considered by Tabor, P.J., Badding, J., and Potterfield, S.J. Opinion by Potterfield, S.J. (10 pages)
Ronald Mehrhoff Jr. appeals the district court ruling that he was unjustly enriched by payments his former romantic partner, Tamera Atwell, made toward a car loan in his name. The court ordered Mehrhoff to pay Atwell $13,105.56. Mehrhoff argues (1) Atwell should not be able to recover under the theory of unjust enrichment because there was an express agreement between the parties and (2) the twenty-seven payments Atwell made did not confer a benefit on him or, alternatively, that it was not unjust for him to retain the benefit of the payments. OPINION HOLDS: Because an express agreement about the vehicle existed, we agree with Mehrhoff that the district court improperly applied the doctrine of unjust enrichment to this case. We reverse.
