Charles Simkin & Sons v. Massiah
United States Court of Appeals for the Third Circuit
289 F.2d 26 (1961)
Relevant factsFree
Charles Simkin & Sons (plaintiff) was building a sewage treatment plant and subcontracted the concrete work to Massiah (defendant). Simkin terminated the subcontract before completion, claiming breach, and kept possession of Massiah's tools and equipment to finish the concrete work itself, while also suing Massiah for breach of contract. Massiah counterclaimed for conversion and sought an injunction ordering the return of his tools. The district court denied the injunction, and Massiah appealed.
IssueFree
Whether a court will grant a remedy in equitable replevin for the taking of property when money damages would adequately compensate the owner for the loss.