Superior Asphalt & Concrete Co. v. Williams Equipment Sales, Inc.

The primary issue presented on appeal is whether defendant, Williams Equipment Sales, Inc. (hereinafter referred to as “Williams”), unlawfully retained possession of plaintiff Superior Asphalt & Concrete Co., Inc.’s (hereinafter referred to as “Superior”) 1956 Mack truck after repairing it, thus entitling plaintiff to damages for conversion. The trial court found that Williams converted the truck and awarded damages to Superior. Williams appeals.

This issue is presented in the backdrop of the following facts. Superior entered into a contract with Williams to pave Williams’ parking lot.…