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SEVAST v. KAKOURAS

No. 180 MAP 2004.

915 A.2d 1147 (2007)

Gertrude R. SEVAST v. James KAKOURAS. Appeal of Gail Sunday, James Sunday and Glenn Gubich, Garnishees.

Supreme Court of Pennsylvania.

Decided February 20, 2007.

Attorney(s) appearing for the Case

Daniel Kevin McCarthy, Esq., Allentown, for Gail, et al Sunday.

Daniel H. Shertzer, Sr., Esq., Lancaster, for Gertrude R. Sevast.

James Kakouras, for James Kakouras.

BEFORE: CAPPY, C.J., and CASTILLE, NIGRO, NEWMAN, SAYLOR, EAKIN and BAER, JJ.

OPINION

Chief Justice CAPPY.

This case presents the issue of whether the Superior Court erred in holding that the defaulting vendee's claim for unjust enrichment under Section 374 of the Restatement (Second) of Contracts was timely filed. Assuming such claim is cognizable;1 we hold that the cause of action for unjust enrichment arose when the contract between the defaulting vendee and the vendors was terminated...

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