This section contains the nature of the case and procedural background.

P received a catalog and applied for admission to D for the academic year 1974-75. P paid a $15 fee. The 1974-75 literature to prospective students contained the following statement: 'Students are selected on the basis of scholarship, character, and motivation without regard to race, creed, or sex. The student's potential for the study and practice of medicine will be evaluated on the basis of academic achievement, Medical College Admission Test results, personal appraisals by a pre-professional advisory committee or individual instructors, and the personal interview, if requested by the Committee on Admissions.' P was rejected and filed this suit seeking class action status for breach of contract, fraud, deceptive trade, and unjust enrichment. P alleged that each person in the class paid the $15 fee, and that D, through its brochure, described the criteria to be employed in evaluating applications, but failed to appraise the applications on the stated criteria. P claims that D evaluated the applications according to monetary contributions made on behalf of those seeking admission. The trial court dismissed the complaint for failure to state a cause of action. The appellate court permitted it as a contract action and limited the class action. D appealed.

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