SHORT v. MARTIN

No. 50854.

121 N.W.2d 154 (1963)

Richard SHORT, Appellant, v. Willard J. MARTIN, Appellee, Ivan Morris, Intervenor.

Supreme Court of Iowa.

Rehearing Denied June 11, 1963.


Attorney(s) appearing for the Case

Nazette & Bromwell, by Richard F. Nazette, Cedar Rapids, for appellant.

Robert W. Matias, Cedar Rapids, for appellee.

Blake H. Shipton, Center Point, for intervenor.


STUART, Justice.

Plaintiff, vendor in a conditional sales contract, brought this action in replevin to recover possession of the farm machinery which was the subject of the contract. The defense urged that the contract was severable and two of the pieces of machinery were paid for in full. Immediately prior to the introduction of evidence, defendant and intervenor offered to confess judgment for the balance due on the contract together with interest and costs to that...

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