Davco Realty Co. v. Picnic Foods, Inc.

This is an appeal from an action brought by the plaintiff, Davco Realty Company (hereinafter referred to as “Davco”), seeking to have a constructive trust imposed upon the assets of the defendant, Picnic Foods, Inc., (hereinafter referred to as “Picnic”), to the extent necessary to satisfy its claim of damages.

Initially, we note that, while this action is equitable in form in that the relief sought is the imposition of a constructive trust, in substance this is a law action with Davco seeking damages for an alleged breach of contract and will be so treated on appeal.

The District Court held…