Allen v. Morgan Drive Away, Inc.

This is an action brought under ORS 646.638 to recover compensatory and punitive damages for an unlawful trade practice arising out of an agreement by defendant to move a mobile home owned by plaintiff. ① The case was tried to a jury which returned a verdict of $512.50 general damages and $2,000 punitive damages. Defendant appeals from that part of the judgment providing for the recovery of punitive damages.

Plaintiff’s wife made inquiry of defendant as to the cost of moving plaintiff’s mobile home from Hermiston, Oregon to Mt. Vernon, Oregon. In her conversation with defendant’s agent,…