Brownback v. Nelson

(dissenting) :

The trial judge found that paragraph X was an action in equity. In paragraph X the plaintiff is seeking to recover the profits realized from the sale of a dwelling house purchased with partnership funds. If he were attempting to recover damages for wrongful conversion of partnership property he would be entitled to be compensated for the injury sustained. But he cannot be placed in a better position than he would have been had the wrong not been done. 15 Am. Jur., “Damages,” sec. 65, p. 469. Here the plaintiff wants the restoration of the money converted but in addition he wants…