TRUSTY v. JONES

No. 95.

369 P.2d 420 (1962)

Henry TRUSTY, Appellant, v. Carl JONES and Delbert Peldo, Appellees.

Supreme Court of Alaska.

March 3, 1962.


Attorney(s) appearing for the Case

James K. Tallman of Bell, Sanders & Tallman, Anchorage, for appellant.

L. Eugene Williams, Anchorage, for appellees.

Before NESBETT, C.J., and DIMOND and AREND, JJ.


NESBETT, Chief Justice.

At the conclusion of plaintiff's evidence in an action in claim and delivery the trial court granted judgment for defendants. The court's action was based on the premise that plaintiff's evidence proved that he had abandoned the caterpillar tractor which he was seeking to reclaim. Plaintiff appealed on the ground that the judgment was against the weight of the evidence.

Appellant acquired the machine by purchase in 1953 and loaned it...

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