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

Flooring (P) was a subcontractor that did not get paid from the general contractor, Five Star. P then sued to recover the monies due and named Raddison (D) the ultimate customer as a party. D withheld final payments to Five Star because it knew that the subcontractors were not being paid. The sum withheld was $25,000. P alleged breach of contract and unjust enrichment against D and moved for a summary judgment. The existence of the subcontract agreement between P and Five Star eliminated any type of unjust enrichment recovery. Summary judgment was granted. P appealed.

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