Cambria Savings & Loan Ass'n v. Estate of Gross

Gross signed a siding contract containing a handwritten clause voiding the contract if Gross couldn't obtain disability insurance to cover the cost; the contractor completed the work anyway, despite knowing Gross had not yet secured that insurance. After Gross died without his estate (defendant) paying, the contractor assigned its claim to Cambria Savings & Loan (plaintiff), which sued for the unpaid amount; the trial court found the contract a nullity due to the unmet insurance condition but let Cambria recover in quasi-contract for unjust enrichment, and the estate appealed.

Whether a contractual duty to perform is discharged when a specified terminating event occurs, and whether a contractor who performs despite knowing the event may still recover on a quasi-contract theory.