Nature of the Case
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Facts
Olwell (P) sold and transferred to Nye & Nesson (D) a ½ interest in Puget Sound Egg Packers. P was to retain full interest in his egg washing machine called Eggsact. D promised to make it available for delivery to P on or before June 15, 1940. D’s treasurer needed more labor and because of the scarcity of labor after the outbreak of war, D put the machine to use without the knowledge of P or his consent. P first discovered the use in 1945. P offered to sell the machine to D for $600 or half of its original cost in 1929. A counter offer of $50 was refused and then P sued to recover the reasonable value of the use. P wanted $25 per month under the theory that he waived the tort of conversion and wanted reimbursement under quasi-contract. The court entered judgment for P for $10 per week for 156 weeks for the periods not covered by the statute of limitations. D appealed; the court refused to make a finding as to the overall value of the machine when considering damages.
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