Charco, Inc. v. Cohn

This case is a sequel to Clark v. Auto Wholesale Co., Inc., 237 Or 446, 391 P2d 754 (1964). The defendant in that case, Auto Wholesale, is the plaintiff in this case, its name in the interim having been changed to Charco, Inc.

A brief resume of the facts and holding in the Clark case is necessary to an understanding of the issues in this case. In the prior ease, Clark sued Auto Wholesale for converting his automobile and recovered a judgment for $300 compensatory damages and $4,000 punitive damages, which judgment was entered on January 23, 1963. The defendant, Auto Wholesale, timely filed a…