AGGIE L. HAILEY v. ALLGOOD CONSTRUCTION COMPANY, INC. and DAVID J. MARCONE, 95 N.C. App. 630

Summary

In plaintiff's claim for conversion, defendant sought to dismiss on the ground that the conversion claim was a compulsory counterclaim to a contract action filed by defendant in another county. The trial court granted defendant's motion on the basis that plaintiff's claim had a logical relationship in law and fact to the claims presented in defendant's prior action. On appeal, the court reversed and held that the issues of fact and law were different in plaintiff's conversion proceeding from the issues involved in defendant's action on the contract. Plaintiff's claim required her to prove her ownership of the personal property involved and wrongful possession or conversion of the property by defendant. Defendant's action involved issues related to whether a contract was formed and its terms, whether the contract was completed, and what amount was due. Hence, although there may have been a common factual background between the two actions, that was not enough to require that plaintiff's...