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Bergeron v. Aero Sales, Inc.

134 P.3d 964 (2006)

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Bergeron v. Aero Sales, Inc.

Oregon Court of Appeals

134 P.3d 964 (2006)

Facts

Robert Praegitzer (plaintiff) owned a private hangar with a fuel tank beneath, which Praegitzer also owned. Jack Kasper (defendant) bought several thousand gallons of jet fuel and stored it in Praegitzer’s fuel tank without Praegitzer’s knowledge. Praegitzer then sold the hangar and fuel tank to William Curtright. Kasper then tried to remove the fuel, but Curtright would not let Kasper do so because Curtright believed he had purchased the fuel along with the fuel tank. Praegitzer filed a claim for trespass against Kasper for using the hangar to store the fuel. Kasper counterclaimed for conversion of the jet fuel. Kasper also filed a third-party claim against Curtright for conversion of the jet fuel, and Curtright counterclaimed for trespass and conversion. The trial court granted summary judgment in favor of Curtright and denied Kasper’s motion for summary judgment on Kasper’s claim for conversion against Curtright. Kasper appealed.

Rule of Law

Issue

Holding and Reasoning (Armstrong, J.)

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