BINYON v. NESSETH

No. 52,104

7 Kan. App. 2d 110 (1981)

638 P.2d 946

KERNIE W. BINYON and HILDA BINYON, Appellees, v. ROY NESSETH, et al., Appellant. Affirmed , (1982).

Court of Appeals of Kansas.

Opinion filed December 23, 1981.


Attorney(s) appearing for the Case

Martin E. Updegraff, of Vaughn & Updegraff, of Wichita, for the appellant.

Robert T. Cornwell and James L. Burgess, of Fleeson, Gooing, Coulson & Kitch, of Wichita, for the appellees.

Before FOTH, C.J., presiding, TERRY L. BULLOCK, District Judge, and FREDERICK WOLESLAGEL, District Judge Retired, assigned.


FOTH, C.J.:

Defendant Roy Nesseth appeals from a default judgment rendered against him for $9,326.06 actual and $100,000.00 punitive damages for fraud in the leasing of an automobile to plaintiffs. He raises three contentions: (1) Default should not have been ordered as a sanction for his refusal to permit discovery; (2) he was given inadequate notice of the proposed entry of the default judgment; and (3) the punitive damages were excessive.

The facts are...

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