
    ROHE SCIENTIFIC CORPORATION v NATIONAL BANK OF DETROIT (ON REHEARING)
    Docket No. 68889.
    Submitted December 14, 1983, at Detroit. —
    Decided April 2, 1984.
    Opinion on rehearing filed June 28, 1984.
    Leave to appeal applied for.
    This case was reported in 133 Mich App 462 (1984). Plaintiff filed an application for rehearing, which was granted. On rehearing, held:
    
    Plaintiff was under no duty to mitigate its damages.
    Remanded with instructions.
    Conversion — Damages — Mitigation of Damages.
    The rule requiring an injured party to mitigate damages does not apply where the invasion of his property rights is due to the defendant’s intentional, positive or continuous tort.
    References for Points in Headnote
    18 Am Jur 2d, Conversion § 102.
    22 Am Jur 2d, Damages §§ 200, 201.
    
      Cross, Wrock, Miller & Vieson (by Jonathon S. Taub), for plaintiff.
    
      Martin McGaffey and John F. Fellrath, Jr., for defendant.
    
      
       Circuit judge, sitting on the Court of Appeals by assignment.
    
   On Rehearing

Before: Danhof, C.J., and Allen and M. E. Dodge, JJ.

Per Curiam.

Upon consideration of plaintiffs application for rehearing, we reverse our previous opinion to the extent that it ordered a remand to the trial court to determine whether plaintiff acted with reasonable speed to mitigate its damages. In light of Willis v Ed Hudson Towing, Inc, 109 Mich App 344; 311 NW2d 776 (1981), and Allen v Morris Building Co, 360 Mich 214; 103 NW2d 491 (1960), plaintiff was under no duty to mitigate its damages. This case is remanded to the trial court for entry of an order fixing plaintiff’s damages at the market value of the equipment on the date of conversion minus the net proceeds realized by plaintiff in the post-conversion sale of the equipment, plus interest and any recoverable costs.  