Atkinson v. Billings, No. 2010-CA-000769-MR, 2012 Ky. App. Unpub. LEXIS 182 (Ky. Ct. App. Feb. 24, 2012)

(defendant did not commit tort of conversion with respect to sale of hay bales located on property defendant purchased at auction; plaintiff had cut and baled hay on premises prior to sale and party conducting sale gave plaintiff 30 days after sale to remove bales; over ninety days after sale, defendant sold bales to third party for $4,180 ($38/bale); plaintiff sued to recover proceeds and resisted defendant’s summary judgment motion by claiming that question remained as to whether plaintiff had abandoned bales; trial court granted summary judgment for defendant but awarded plaintiff $1,393.34 (of $4,180 total) and later reduced it to $500 for plaintiff’s labor in cutting hay;  on appeal, court determined that defendant did not commit tort of conversion because plaintiff had no right to possess hay at time of alleged conversion, and neither sale bond nor deed reserved right to possess corn; $500 award to plaintiff upheld on unjust enrichment theory).

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