This section contains the nature of the case and procedural background.

Rouse (P) went to Russell (D) to buy a new car and trade in his old one. He had gone there three times on continuing discussions about buying a car. On his last occasion, P gave his car keys to D while he inspected the new cars on the lot. P decided not to trade in his car and asked for his keys be returned. Despite his frequent demands the employees laughed at him and denied knowing where the keys were. P called the police and returned with a policeman. The car keys suddenly appeared when an employee of D threw the keys at P calling him a crybaby and that they just wanted to see P cry a while. P sued for conversion and won $5,000. D appealed.

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