Dietzman v. Ralston Purina Co.
This text of 425 P.2d 163 (Dietzman v. Ralston Purina Co.) is published on Counsel Stack Legal Research, covering Oregon Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
This is an action to recover damages for the conversion of plaintiffs’ chickens. Plaintiffs appeal from a judgment of involuntary nonsuit.
Plaintiffs executed and delivered to defendant a chattel mortgage covering a flock of chickens owned by them. Plaintiffs contend that the chattel mortgage was invalid; that defendant refused to release the mortgage; that as a result plaintiffs were unable to obtain feed on credit and were forced to sell their chickens.
It is plaintiff’s theory that defendant’s conduct which resulted in forcing plaintiffs to sell their chickens constituted a conversion.
The mere assertion of an unfounded lien does not constitute a conversion. Richstein v. Roesch, 71 S D 451, 25 NW2d 558, 169 ALR 98 (1946) is closely in point. See also, Eestatement (Second), Torts §224 (1965).
The judgment is affirmed.
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Cite This Page — Counsel Stack
425 P.2d 163, 246 Or. 367, 1967 Ore. LEXIS 584, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dietzman-v-ralston-purina-co-or-1967.