New Rocky Valley Farms, Inc. v. Pollock, Unpublished Decision (6-23-1999)

OPINION

Defendant-appellant Thomas Pollock appeals the decision of the Carroll County Common Pleas Court which ordered him to pay $50,000 plus 10% interest in compensatory damages to plaintiff-appellee New Rocky Valley Farms, Inc., after a finding that the elements of civil conversion had been established by a preponderance of the evidence. For the following reasons, the trial court's judgment is affirmed.

On April 21, 1994, Peter and Dorothy Puskarich, as agents for New Rocky Valley, executed a twenty year lease ("Lease") giving "Nick Puskarich ("lessee") the exclusive right to mine upon 1,928…