The legal issues presented in this case will be displayed here.

This section contains the nature of the case and procedural background.

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.

The court's holding and decision will be displayed here.

Legal analysis from Dean's Law Dictionary will be displayed here.