"An action for money had and received is an equitable action, and may, in general, be maintained whenever the defendant has money belonging to the plaintiff which in equity and good conscience he ought to refund to him." Winslow v. Anderson, 78 N.H. 478, 102 A. 310, 311 (1917) (internal quotation marks omitted); see also Lakeport Nat'l Bank v. McDonald, 80 N.H. 337, 116 A. 638, 640 (1922) ; Rollins v. McDonald, 7 F.2d 422, 425 (1st Cir. 1925) (construing New Hampshire law). Generally, a claim for money had and received is construed to have the same elements as a claim for unjust enrichment, except that it is limited to enrichment by money.
We will not review the sufficiency of the pleadings after the case has been tried without objection to the pleadings, because allegedly defective pleadings can be corrected by amendment after the trial. Lakeport Nat. Bank v. Loring, 80 N.H. 337, 339, 116 A. 638, 640 (1922); McDonald v. Smith, 79 N.H. 143, 143-44, 106 A. 558, 559 (1919). That the court entered judgment in favor of Sexton Motors notwithstanding the fact that Colonial Imports pleaded the breach does not require reversal of this case.
Whether individuals are parties in a joint venture is a question of fact for determination by the trier of fact exclusively. Lakeport Nat'l Bank v. Loring, 80 N.H. 337, 338, 116 A. 638, 639 (1922). Parties in a joint venture stand in the same relationship to each other as do partners in a partnership.