Soderholm v. Kosty

676 N.Y.S.2d 850 (N.Y. 1998)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

Both P and D were students at Corning Community College. They decided to reside together and did so commencing in September of 1994. The relationship eventually soured and resulted in the breakup of the parties in December of 1995. During this time, the parties engaged in a sexual relationship as well. An attempt at reconciliation in February of 1996 failed. P attempts collection of $2,239.59, together with $260.41 as compensation for telephone calls. P kept fairly detailed notes regarding some of the various expenses of living during the time in question. This included some apparently contemporaneous entries of such items as magazines, school books, movie rentals, gasoline, utilities, rent, and some of D's car payments. None of these entries are initialed or otherwise agreed to by D in writing. P bases his claim for reimbursement on both implied and express contract theory and on an 'unjust enrichment' theory.