Payless Drug Stores Northwest v. Brown

Payless Drug Stores Northwest filed a complaint demanding damages under ORS 30.875(2) from the parents of an unemancipated minor in their custody who took merchandise without intending to pay the purchase price. 1 Defendants filed a second amended answer and counterclaim, alleging, among other things, that ORS 30.875 violates the constitutions of Oregon and of the United States in a number of respects. They also filed a motion for summary judgment demanding dismissal of plaintiffs claim, invoking their constitutional objections. The trial judge denied the motion, stating his view that the…