KOCH v. BROWN

No. 3242

401 P.2d 459 (1965)

Carl W. KOCH, d/b/a Koch Elevator, Appellant (Plaintiff below), v. C.H. BROWN, Jr., and Son, d/b/a Torrington Implement Company, Appellee (Defendant below).

Supreme Court of Wyoming.

May 4, 1965.


Attorney(s) appearing for the Case

Guy, Phelan, White & Mulvaney, Cheyenne, W.A.E. Mitchell, Greeley, Colo., for appellant.

Hathaway & Sigler, Torrington, for appellee.

Before PARKER, C.J., and HARNSBERGER, GRAY, and McINTYRE, JJ.


HARNSBERGER, Justice.

Plaintiff below sought judgment against defendant for $1,500, plus $285 interest, as balance due under a contract for purchase of a hay-pelleting, steam-jet machine for the sum of $2,000, payable $500 cash, which was paid, and the balance of $1,500 to be satisfied by defendant delivering to plaintiff alfalfa hay meal and pellets, which delivery defendant failed to make.

Defendant answered that he took the machine with the understanding...

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