Charles Simkin & Sons (plaintiff) was building a sewage treatment plant for the City of Trenton. Simkin subcontracted the project’s concrete installation to Massiah (defendant). Claiming a breach of contract, Simkin terminated the subcontract with Massiah before completion of the project. Simkin retained possession of Massiah’s tools and equipment and began using them to finish the concrete work. Simkin also sued Massiah for breach of contract. Massiah filed a counterclaim for conversion of the tools and equipment. Massiah sought an injunction, enjoining Simkin from continued possession and use of the tools and equipment. The district court denied Massiah’s requested injunction. Massiah appealed.