Montgomery Ward & Co. v. Brewer

OPINION

TIREY, Justice.

Mr. Brewer and wife brought this action against Montgomery Ward & Co., Inc., on an alleged cause of action sounding in tort for unreasonable collection efforts. Plaintiffs went to trial on their original petition and, pertinent to this discussion, they alleged:

“It has become necessary to file this suit by reason of the harassment which has resulted in emotional distress, illness and other bodily harm suffered by the Plaintiffs by reason of an alleged indebtedness of Plaintiffs to Defendant in the approximate sum of Twenty-Seven Dollars ($27.00). In truth and in fact,…