White v. Doney, No. 8773
| Court | United States State Supreme Court of Idaho |
| Writing for the Court | KNUDSON; TAYLOR |
| Citation | 82 Idaho 217,351 P.2d 380 |
| Docket Number | No. 8773 |
| Decision Date | 12 April 1960 |
| Parties | L. V. WHITE and Myrtle White, husband and wife, Plaintiffs-Respondents, v. Vern M. DONEY, Defendant-Appellant. |
Page 380
v.
Vern M. DONEY, Defendant-Appellant.
[82 Idaho 218]
Page 381
Jones & Jones, Alfred C. Hagen, Boise, for appellant.J. F. Martin and C. Ben Martin, Boise, for respondents.
[82 Idaho 219] KNUDSON, Justice.
During May, 1956, respondents were possessed of and occupied a 21 foot Kozy Coach trailer house at the C & M Trailer Court located about halfway between John Day, Oregon and Canyon City, Oregon. On about June 2, 1956, a Mr. Easter, whom respondents regarded as an agent of appellant, called upon respondents and discussed with them the purchase of a 40 foot Terra Cruiser trailer house which at that time was located at Long Creek. The record is not clear as to the date upon which respondents signed a contract of conditional sale relative to the purchase of the Terra Cruiser; however said instrument bears date of June 21, 1956, and the name 'Doney Trailer Sales' as dealer-seller is typewritten as is also the name Easter, as authorized agent. On about June 21, 1956, the Terra Cruiser was delivered to respondents by Mr. Easter and an employee of appellant, at which time respondents' personal belongings were transferred from the Kozy Coach, in which respondents had been living, to the Terra Cruiser. Respondents at that time delivered to Easter a bill of sale to the Kozy Coach following which Mr. Easter and appellant's employee took the Coach and bill of sale with them.
On about July 18, 1956, respondents moved the Terra Cruiser from the C & M Trailer Court to Redmond, Oregon, where respondent, Mrs. White, lived for approximately two weeks, following which she joined her husband in Spokane, Washington, leaving the trailer house at Redmond. She returned to the trailer house on August 6, 1956, for a brief stay, following which she went back to Spokane where respondents remained until September 12, 1956, on which date they returned to Redmond and discovered that their trailer house was gone and their personal belongings either missing or damaged.
Between the dates of June 28 and August 9, 1956, appellant addressed four letters [82 Idaho 220] to respondents, General Delivery, Canyon City, Oregon, None of such letters was ever received by respondents. Under dates of August 10 and September 7, 1957, respondents mailed United States Postal money orders, each in the sum of $69.24, payable to the Pacific Finance Co., Boise, Idaho, as previously directed by Easter, to be applied in payment of the installments payable under the contract which they had signed. Said money orders were later returned to respondents.
On August 16, 1956, appellant, in company with Easter, went to Redmond and removed respondents' personal belongings from the Terra Cruiser and moved it to appellant's premises in Boise. Respondents commenced this action seeking damages for the wrongful conversion of the Terra Cruiser, for the loss of personal belongings and for punitive damages. The jury returned a unanimous verdict awarding respondents $1,802 compensatory damages and $1,400 punitive damages. From a judgment in favor of respondents in the total amount of $3,202, plus costs, this appeal is taken.
Appellant's first assignment of error claims that the verdict is contrary to the law and evidence for the reason that Easter did not have actual or apparent authority to bind appellant to the contract and also that the evidence shows a total failure of consideration on the part of respondent. Respondent Mrs. White testified that during May, 1956, she, in company with an acquaintance, went to appellant's place of business just outside of Boise where she first met appellant; that on said occasion appellant told her that he had an agent by the name of Easter whom he relied on and that they could deal with him; that she had known Mr. Easter since 1949; that later Easter called upon respondents and discussed with them the purchase and sale of a Terra Cruiser and the trade in of the
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Kozy Coach; that Easter later returned and reported that appellant approved the sale; that Easter delivered the Terra Cruiser and took the Kozy Coach as a down payment about two weeks after their first discussion. Between June 28, 1956 and August 9, 1956, appellant addressed four letters to respondents in which appellant repeatedly refers to the 'Terra Cruiser that you purchased from us' and 'the balance due us'. One of said letters refers to the Kozy Coach that 'you used as a down payment on the 1955 Terra Cruiser trailer house that you purchased from us'. The following is an excerpt from a letter addressed to respondents under date of July 6, 1956, to wit:'The finance company did not accept your contract on the 40 ft. Terra Cruiser that you purchased from us, and we would like to know what kind of arrangements you would...
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Cheney v. Palos Verdes Inv. Corp., No. 14003
..."malice, oppression, wantonness" (Klam v. Koppel, 63 Idaho 171, 118 P.2d 729 (1941)); or simply "deliberate or willful" (White v. Doney, 82 Idaho 217, 351 P.2d 380 (1960)). See generally, Linscott, supra, 100 Idaho at 858, 606 P.2d at 962; Thompson v. Dalton, 95 Idaho 785, 788, 520 P.2d 240......
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Village of Peck v. Denison, No. 10159
...awarded. Williams v. Bone, 74 Idaho 185, 259 P.2d 810 (1953); Driesbach v. Lynch, 74 Idaho 225, 259 P.2d 1039 (1953); White v. Doney, 82 Idaho 217, 351 P.2d 380 (1960). In the case at bar, not only were no actual damages awarded, but the respondent failed to prove that any actual damages we......
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Cox v. Stolworthy, No. 10906
...(1943); Williams v. Bone, 74 Idaho 185, 259 P.2d 810 (1953); Driesbach v. Lynch, 74 Idaho 225, 259 P.2d 1039 (1953); and White v. Doney, 82 Idaho 217, 351 P.2d 380 (1960), represent the cases where punitive damages had been allowed in the trial court, and on appeal the award of punitive dam......
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Wolford v. Tankersley, No. 13764
...to deny the authority of their agents against innocent third parties, who have dealt with those agents in good faith. White v. Doney, 82 Idaho 217, 351 P.2d 380 [1960] * * * * * * "In Stout v. McNary, 75 Idaho 99, 267 P.2d 625, 627 [1954], the rule is stated as follows: 'The principal canno......
-
Cheney v. Palos Verdes Inv. Corp., No. 14003
..."malice, oppression, wantonness" (Klam v. Koppel, 63 Idaho 171, 118 P.2d 729 (1941)); or simply "deliberate or willful" (White v. Doney, 82 Idaho 217, 351 P.2d 380 (1960)). See generally, Linscott, supra, 100 Idaho at 858, 606 P.2d at 962; Thompson v. Dalton, 95 Idaho 785, 788, 520 P.2d 240......
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Village of Peck v. Denison, No. 10159
...awarded. Williams v. Bone, 74 Idaho 185, 259 P.2d 810 (1953); Driesbach v. Lynch, 74 Idaho 225, 259 P.2d 1039 (1953); White v. Doney, 82 Idaho 217, 351 P.2d 380 (1960). In the case at bar, not only were no actual damages awarded, but the respondent failed to prove that any actual damages we......
-
Cox v. Stolworthy, No. 10906
...(1943); Williams v. Bone, 74 Idaho 185, 259 P.2d 810 (1953); Driesbach v. Lynch, 74 Idaho 225, 259 P.2d 1039 (1953); and White v. Doney, 82 Idaho 217, 351 P.2d 380 (1960), represent the cases where punitive damages had been allowed in the trial court, and on appeal the award of punitive dam......
-
Wolford v. Tankersley, No. 13764
...to deny the authority of their agents against innocent third parties, who have dealt with those agents in good faith. White v. Doney, 82 Idaho 217, 351 P.2d 380 [1960] * * * * * * "In Stout v. McNary, 75 Idaho 99, 267 P.2d 625, 627 [1954], the rule is stated as follows: 'The principal canno......