Indigo Group USA v. Park CA2/5
Plaintiff Indigo Group USA (plaintiff) sued defendants Truman Park (Park) and Majesty & Royalty, Inc. (Majesty) (collectively, defendants), alleging they purchased approximately 14,000 pairs of jeans and failed to pay the contract price. Defendants contended they took possession of the jeans pursuant to a consignment agreement and owed plaintiff nothing. After hearing evidence at a bench trial, the trial court agreed with defendants’ characterization of the transaction but found defendants were unjustly enriched by their continued possession of the jeans. The court ordered defendant to return the unsold jeans to plaintiff, but plaintiff asserts it was entitled to monetary restitution instead. We consider whether such a restitution remedy was required because plaintiff preferred that remedy or because there was evidence the jeans’ aggregate value had declined after defendants sold some but not all of the inventory.
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