ATLAS HOTEL SUPPLY COMPANY v. BANEY


543 P.2d 289 (1975)

ATLAS HOTEL SUPPLY COMPANY, an Oregon Corporation, Plaintiff-Respondent-Cross-Appellant, v. Curtis O. BANEY et al., Defendants-Appellants-Cross-Respondents, and Myrtle R. Baney et al., Cross-Respondents.

Supreme Court of Oregon.

Decided December 12, 1975.


Attorney(s) appearing for the Case

Keith L. Erickson, Redmond, argued the cause for appellants and cross-respondents. On the briefs were Walter I. Edmonds, Jr., of Bryant, Edmonds & Erickson, Redmond, and Gerald A. Martin, of Gray, Fancher, Holmes & Hurley, Bend.

Dennis C. Karnopp, Bend, argued the cause for respondent. With him on the brief were Panner, Johnson, Marceau & Karnopp, Bend.

Before O'CONNELL, C.J., and McALLISTER, DENECKE, TONGUE, HOWELL and BRYSON, JJ.


TONGUE, Justice.

This is an appeal from a judgment of the trial court, sitting without a jury, awarding plaintiff $75,000 damages for conversion of restaurant equipment. The judgment is against defendants Curtis Baney, Attilio Marastoni and William Jacobson.

These defendants assign as error the holding that no demand was required in order to constitute a conversion under the facts of this case; that defendant Curtis Baney was a joint tortfeasor, and contend...

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