Olwell v. Nye & Nissen Co.
Washington Supreme Court
173 P.2d 652 (1946)
Olwell (plaintiff) retained ownership of an egg-washing machine after selling his business interest to Nye & Nissen (defendant), storing it on adjacent property; without Olwell's knowledge, the company removed the machine from storage and used it roughly one day a week for years, saving about $10 per day in labor costs. When Olwell discovered the unauthorized use and could not agree on a sale price, he sued for the reasonable value of that use rather than for conversion, and the trial court awarded him $1,560 based on the company's labor savings over the limitations period; the company appealed.
Whether a plaintiff may elect to waive tort recovery and instead sue under a theory of quasi-contract and unjust enrichment where the defendant has benefited from the plaintiff's property without authorization.