Binyon v. Nesseth

Foth, C.J.:

Defendant Roy Nesseth appeals from a default judgment rendered against him for $9,326.06 actual and $100,000.00 punitive damages for fraud in the leasing of an automobile to plaintiffs. He raises three contentions: (1) Default should not have been ordered as a sanction for his refusal to permit discovery; (2) he was given inadequate notice of the proposed entry of the default judgment; and (3) the punitive damages were excessive.

The facts are set out in the journal entry of judgment and are undisputed:

“2. At all times material hereto, Dr. Kernie W. Binyon, was the sole owner of…