At the end of the recess, if the architect concludes he can make a recommendation, we will take a break to discuss it and then make an award. If it requires more time for review then we will make our award at our next meeting which will be November 6th. I understand we have three bidders. I also understand there are two alternates regarding the warranty period. Babilla, Inc. Burrus, "I believe that concludes the bid openings.
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Gerometta, how long would you think you need to look at these? Gerometta, "I am just checking the proper bid forms and the numbers, so approximately fifteen minutes. Burrus, "We will review these for fifteen minutes during our recess and if it is determined we need more time, then the review period will be extended. We will stand at recess for fifteen minutes. Burrus, "I will call the meeting back to order.
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Street Address. Northcross contracted with the owner, David S. The Ruler Foods Project included replacement of the entire roof.
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Northcross could not complete the roofing work. So, Northcross retained a portion of the roofing work, but sought a subcontractor for approximately half of the roof. Northcross contacted Korellis regarding Korellis serving as a subcontractor to complete a portion of the roofing work for the Ruler Foods store. Northcross accepted Korellis' proposal. Korellis alleges that it completed its work and all of its obligations, issued an invoice demanding payment, but that Northcross refused to pay Korellis.
Korellis also claims that Israel, the owner of the property, paid Korellis for the Ruler Foods construction project for the roofing work performed by both Korellis and Northcross. The first amended complaint alleges that "David S. In other words, the first amended complaint alleges that Northcross took possession of and asserted control over the funds belonging to Korellis, and that Northcross refused to transfer the funds to Korellis.
Korellis contends that Northcross breached the parties' contract, is guilty of conversion, and claims it is entitled to treble damages pursuant to the Indiana criminal conversion statute. The crux of Northcross' argument is that Korellis really only has a claim for breach of contract for failure to pay a debt, and Korellis has improperly repackaged that claim into an attempt at a conversion claim for the potential of treble damages.
In response, Korellis insists it has stated a plausible claim for conversion because Northcross accepted specific funds on behalf of Korellis, and then retained those funds for its own benefit. Ruman , N.
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Money may be the subject of a conversion claim if it is "a determinate sum for which the defendant was entrusted to apply to a certain purpose. Biomet , Inc. However, Indiana law has held that "where there is simply the refusal to pay a debt no action for conversion will lie.
Fairchild , N. Biomet , N. Moreover, Northcross is correct that Korellis cannot restyle a breach-of-contract claim as a tort simply to obtain additional damages.
The Times from Munster, Indiana · 67
French-Tex Cleaners , Inc. Cafaro Co.
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As the Court in French-Tex reasoned, "[w]here, as here,.