· 3/19/2012
Wells Fargo Bank Northwest, N.A. v. RPK Capital XVI, L.L.C.
Citations
- 360 S.W.3d 691
- 2012 WL 523925
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that “the category of cases in which a lessee lawfully in possession of a lessor’s property secretly sells or transfers the lessors property to a third party, but continues to comply with its obligations under the lease” was inherently undiscoverable
- finding that the usual measure of damages for conversion is the fair market value of the property at the time and place of diversion; and alternatively, the claimant may seek return of the property along with damages for loss of use
- “The usual measure of damages for conversion is the fair market value of the property at the time and place of conversion”
- “A party may recover under the unjust enrichment theory when one person has obtained a benefit from another by fraud, duress, or the taking of an undue advantage.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Bridges, O'Neill, Fillmore
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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