Besner v. Smith

MYERS, Associate Judge.

Appellee Naomi Smith (hereinafter termed “wife”) sued appellant Besner (hereinafter termed “seller”) for wrongful repossession of a television and sought damages for fright, shock and mental suffering arising out of the alleged unlawful taking by seller’s agent. Her husband, as coplaintiff, asked damages for loss of consortium. Seller filed a counterclaim against Billy Smith (hereinafter termed “husband”) for a deficiency judgment due under a conditional sales contract after credit for resale of the set.

At the conclusion of all testimony, the trial judge overruled…