Reynolds Bros. v. Padgett

Simmons, Justice.

All the authorities agree that one who takes and sells personal property belonging to another, without the *348consent of the owner, is liable for its value in an action upon an implied promise to pay for the property. The authorities differ as to whether such an action will lie where the person taking the property does not sell it but retains it for his own use; but the weight of authority seems to be, that the action will lie where the person who takes the property enriches himself or makes, a profit from the property, either by selling it or by retaining it and using it…