Colley v. Commercial Credit Equipment Corp.

ANDREW JACKSON HIGGINS, Special Judge.

Action by Virgil F. Colley, Count I, and by Imogene W. Colley, Count II, for actual and punitive damages for wrongful execution on judgment subsequently declared void. Appeal from summary judgment of dismissal. The question is whether this action for damages has been extinguished by restitution in the course of other litigation between the parties. Affirmed.

On October 7, 1963, and on May 8, 1964, Virgil F. and Imogene W. Colley executed documents for the lease from Commercial Credit Equipment Corporation of specified items of machinery and equipment to be…