McClellan v. Sam Schwartz Pontiac, Inc.

HOLMAN, Commissioner.

In this suit plaintiff Gerald E. McClellan sought to recover from defendant actual damages in the sum of $1,242.33 and punitive damages in the sum of $25,000. The défendant' filed a motion to dismiss which was sustained by the court and a judgment of dismissal was entered accordingly. Plaintiff has duly appealed.

A brief statement of the history, of this litigation is required in order to understand the issues presented. There are, two cases involved. On December 12, 1958, respondent fileá a suit against appellant in magistrate court seeking to recover the balance of…