DAVIS v. TYEE INDUSTRIES, INC.

CA A20704; SC 28894.

668 P.2d 1186 (1983)

295 Or. 467

Darrell DAVIS, Respondent On Review, v. TYEE INDUSTRIES, INC., a Washington Corporation, and Brodie Hotel Supply, Inc., a Washington Corporation, Now Known As Brodie-Dohrmann, Inc., a Washington Corporation, Petitioners On Review.

Supreme Court of Oregon.

Decided August 16, 1983.


Attorney(s) appearing for the Case

Ridgway K. Foley, Jr., Portland, and Donald Joe Willis, Portland, argued the cause for petitioners on review. On the briefs were Katherine H. O'Neil, Donald Joe Willis, and Schwabe, Williamson, Wyatt, Moore & Roberts, Portland.

Mark McCulloch, Portland, argued the cause for respondent on review. With him on the brief was Powers & McCulloch, Portland.

David R. Foster, Portland, filed a brief as amicus curiae for Oregon Association of Defense Counsel.

In Banc.


PETERSON, Justice.

In Adams v. Crater Well Drilling, Inc., 276 Or. 789, 556 P.2d 679 (1976), we upheld an award of punitive damages recovered incident to an assumpsit claim for money had and received because the defendant's conduct was "essentially tortious." 276 Or. at 794. The case at bar also involves a claim for money had and received and the question presented relates to the necessary pleading...

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