Al Hertz v. Presley Fiscus and Margaret

This is an appeal from a judgment in favor of plaintiff-respondent Al Hertz in an action based on unjust enrichment resulting from Hertz's expenditures in remodeling the restaurant-lounge business of appellants-defendants Fiscus. In the spring of 1971 the Fiscuses were the owners of the Buttonhook Inn in Bayview, Idaho, which was then under lease to other parties. Hertz approached the Fiscuses offering to lease and operate the facilities. Thereafter he bought out the interest of the lessees and went into possession of the premises May 1, 1971. Prior to and after that time, the parties hereto negotiated as to a lease agreement, but no written agreement was ever reached.