RUSH v. G-K MACHINERY CO.

No. 9024.

367 P.2d 280 (1961)

Lloyd A. RUSH, d/b/a Rush Construction Co., Plaintiff-Appellant, v. G-K MACHINERY CO., a corporation, Defendant-Respondent.

Supreme Court of Idaho.

December 20, 1961.


Attorney(s) appearing for the Case

A. A. Merrill, L. H. Merrill, Idaho Falls, for appellant.

Anderson, Kaufman & Anderson, Boise, for respondent.


SMITH, Justice.

Appellant brought this action seeking to recover a balance of moneys allegedly due and owing from respondent growing out of the sales of two pieces of heavy equipment — a crane and a dump truck. The crane was peaceably repossessed under a defaulted conditional sales contract, and the truck, encumbered by a mortgage as additional security for payment of the contract, was peaceably delivered for sale.

A dispute arose out of the settlement...

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