Schuldies v. Millar

[¶ 48] The majority opinion errs by interpreting too narrowly SDCL 21-3-3, which provides in part:

SDCL 21-3-3. Presumed damages for wrongful conversion of personal property — Presumptions conclusive when possession wrongful from beginning. The detriment caused by the wrongful conversion of personal property is presumed to be:

[[Image here]](3) A fair compensation for the time and money properly expended in pursuit of the property!].]

[¶ 44] The majority opinion concludes that “SDCL 21-3-3 is insufficiently specific to allow attorney fees as damages in a conversion action.” In my view, the…