A purchaser at a mortgagee sale does not automatically acquire an implied licence to use architectural plans prepared for the original developer; the mortgage must be in evidence and the licence shown to be incidental to the mortgaged land. Where the original developer held the licence, an architect's unjust enrichment claim against the purchaser may fail for want of enrichment 'at the architect's expense'. The Beck v Montana implied licence for architectural plans is irrevocable once acted upon and non-exclusive, but its transferability on mortgagee sale depends on the terms of the mortgage.
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