Part 10 · Pleadings

Rule 10-74. Wrongful Sale; Wrongful Conversion

Amended January 1, 2026 (current)

Where the defendant has wrongfully sold personal property of the plaintiff, the latter may waive the tort, affirm the sale, and sue for the proceeds; but in case of wrongful conversion of property, without a sale, the plaintiff cannot waive the tort and declare as on a contract.

Committee Notes

(P.B. 1978-1997, Sec. 192.)