Gates Factory Store v. Coleman

The parties here appear in inverse order of their appearance in the trial court. The only question presented is whether the damages awarded by the trial court were excessive. We conclude that they were.

Gates sold four automobile tires to Coleman in April of 1956. On November 4th of that year Gates caused these tires to be “repossessed” by having its agent remove them from Coleman’s automobile as it was parked in front of his home. This repossession occurred some four days after Coleman had made the final payment due on the contract of sale, a time when his liability under the contract had…