Davis v. Tyee Industries, Inc.

In Adams v. Crater Well Drilling, Inc., 276 Or 789, 556 P2d 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 foundation to recover punitive damages incident to such a claim. There was a verdict and judgment for the plaintiff for general and punitive damages. The Court of Appeals affirmed, Davis v. Tyee Industries, Inc., 58 Or…