BYRD v. KIDD

No. 6663.

92 Ariz. 337 (1962)

376 P.2d 863

John T. BYRD, doing business as Sun Valley Motors, Appellant, v. Donald R. KIDD, Appellee.

Supreme Court of Arizona. In Division.

Rehearing Denied January 22, 1963.


Attorney(s) appearing for the Case

IIerbert Mallamo, Phoenix, for appellant.

Flynn & Allen, Phoenix, for appellee.


JACK D.H. HAYS, Superior Court Judge.

Appellant was plaintiff in a suit to replevin an automobile. The automobile had been taken by the plaintiff and a replevin bond had been posted. The case was tried without a jury and the trial judge entered judgment for the defendant and assessed damages against the bond. Subsequently, a new trial was granted on the issue of damages only.

Defendant wanted to buy a car. He and his wife went to Val Hughes Motors, where they...

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