Cross v. Berg Lumber Co.
Supreme Court of Wyoming
7 P.3d 922 (2000)
Relevant factsFree
Cross (defendant) borrowed Berg Lumber's (plaintiff's) road grader with permission but then retained it without authorization despite repeated demands for its return; the trial court ordered Cross to return the grader and pay $83,400 in incidental damages, including repair costs and loss of use calculated by the grader's monthly rental value, and Cross appealed the damages methodology as legally erroneous.
IssueFree
Whether a plaintiff in a replevin action may seek incidental damages based on a restitution theory.