Where the defendant has wrongfully sold personal property of the plaintiff, the latter may waive the tort, affirm the sale, and sue for the proceeds; but in case of wrongful conversion of property, without a sale, the plaintiff cannot waive the tort and declare as on a contract.
Section 10-74.—Wrongful Sale; Wrongful Conversion
Current through August 12, 2025 (2026 Practice Book edition) · Last verified July 9, 2026
In one sentenceA plaintiff whose personal property the defendant wrongfully sold may waive the tort, affirm the sale, and sue for the proceeds, but cannot do the same and sue in contract when the defendant merely converted the property without selling it.
Full Text of Section 10-74
Amendment History
(P.B. 1978-1997, Sec. 192.)
Plain-English Summary
Section 10-74 distinguishes two situations involving a defendant’s wrongful handling of the plaintiff’s personal property. Where the defendant has wrongfully sold the plaintiff’s property, the plaintiff may waive the tort, affirm the sale, and sue for the proceeds instead of suing for the wrongful sale itself.
That option is not available where there was a wrongful conversion of the property without a sale. In that case, the plaintiff cannot waive the tort and declare as on a contract.
Frequently Asked Questions
When can a plaintiff waive the tort and sue for proceeds instead?
Only where the defendant has wrongfully sold the plaintiff’s personal property; the plaintiff may then affirm the sale and sue for the proceeds.
Can a plaintiff use the same approach when property was converted but never sold?
No. In a case of wrongful conversion without a sale, the plaintiff cannot waive the tort and declare as on a contract.
What is the practical difference the rule draws between these two claims?
The rule turns on whether a sale occurred: a wrongful sale can be affirmed and pursued as a claim for proceeds, while a conversion without a sale must be pursued as a tort.
Source & verification. The section text is reproduced verbatim from the
official Connecticut Practice Book (Conn. Practice Book § 10-74). Prescribed by the Judges of the Superior Court of Connecticut (Conn. Gen. Stat. Section 51-14). The plain-English summary is original and written by us. Last verified July 9, 2026. ·
Official source
Also known as: wrongful sale waive the tort CTwrongful conversion pleading requirementssuing for proceeds of wrongful salewaiver of tort and sue in contractConnecticut conversion versus wrongful sale pleading