Bill Marek's Competitive Edge, Inc. v. Mickelson Group Inc.

Union Underwear Company, Inc. (Union), which is not a party to this appeal, purportedly owed plaintiff, Bill Marek’s The Competitive Edge, Inc., unpaid sales commissions but mistakenly paid them to defendant, Mickelson Group, Inc. Plaintiff made numerous demands upon defendant for the immediate transfer of the funds to plaintiff, the funds totaling $65,008.99, and defendant refused. Thereafter, plaintiff filed a two-count complaint against defendant based on the claims of conversion and constructive trust. The trial court granted plaintiffs motion for summary judgment on the conversion count…