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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Section 535

Citation
Section 535
Parent Document
Lastra v. Intercontinental Investments Co., 745 S.W.2d 703 (1987)
Jurisdiction
Missouri (state)
Effective Date
1987-12-22

Full Text

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A case in point is Coleman v. Pioneer Studebaker, Inc., 403 S.W.2d 948 (Mo.App.1966). There, plaintiff paid $5 and $50 as a deposit on a purchase of a used car and after paying the $50, the salesman gave him a receipt and told him the car he wanted had been sold. Plaintiff demanded his money back, but was told that he couldn’t get it because the man who unlocked the safe was not there. Defendant’s president, Livingston, initialed both receipts the next day and told plaintiff to go across the street to the cashier who would give him his money. On doing so, the cashier told him that the man who opened the safe was not there and he could not have his money. The cashier made other cash transactions during this time as noted by a police officer and plaintiff. Livingston was then standing a short distance away. The court said, page 951, “In any event it is beyond question that plaintiff’s money was converted by the corporate defendant without even a scintilla of justification. The jury could also find that the defendant Livingston aided and abetted such conversion.” As to the claim that punitive damages were erroneously awarded, defendant argued that the corporation claimed a right of set-off, but the court said there was no evidence of that claim. Nor was there any evidence that plaintiff owed Don Melching, defendant’s officer, any money on a previous sale and repossession of a car. Thus, it is plain in the Coleman case that defendant retained the deposit for a car purchase for some purpose of its own, other than the specific purpose of a deposit for a specified used car, without any justification, once the specified car could not be delivered to plaintiff.