Gelinske v. Farmers Grain & Trading Co.

LEVINE, Justice.

We are asked to answer a certified question on the measure of damages for conversion under NDCC § 32-03-23. We decline to do so.

Leon Gelinske sued Farmers Grain & Trading Co. (Farmers) for conversion, alleging that Farmers converted his grain by weighing it in an unauthorized manner. He claimed damages for the value of the grain, as well as consequential damages for the forced discount sale of a land contract to pay debts. He also sought punitive damages.

The trial court denied Gelinske’s request for a jury instruction on consequential damages on the ground that consequential…