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Partridge v. Harvey

805 So. 2d 668 (2002)

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Partridge v. Harvey

Mississippi Court of Appeals

805 So. 2d 668 (2002)

Facts

Kenneth Partridge (plaintiff) rented appliances and furniture from Bestway Rentals (defendant). Partridge fell behind in his payments and became delinquent on his rental contracts. Two employees of Bestway, Bernard Harvey and Billy Voss, went to Partridge’s home to repossess the delinquent items. When Voss and Harvey arrived at Partridge’s home, they found he was not home. The men broke into Partridge’s home and took the items rented from Bestway. The men also took other items owned by Partridge. Partridge brought suit against Bestway, Voss, and Harvey for the acts of Voss and Harvey in breaking into his home and taking his things. Bestway contended that Voss and Harvey were acting outside the scope of employment when they broke into the apartment, and thus Bestway could not be held liable for their actions. The trial court granted summary judgment in favor of Bestway, and Partridge appealed.

Rule of Law

Issue

Holding and Reasoning (Lee, J.)

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