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MIDWESTERN MACHINERY COMPANY v. PARSONS

No. 8601.

415 S.W.2d 545 (1967)

MIDWESTERN MACHINERY COMPANY, of Minneapolis, Minnesota, Plaintiff-Respondent, v. G. H. PARSONS, Defendant-Appellant.

Springfield Court of Appeals, Missouri.

May 12, 1967.

Attorney(s) appearing for the Case

James A. Dunn, Carthage, for defendant-appellant.

W. H. Pinnell, Pinnell & Monroe, Monett, for plaintiff-respondent.

HOGAN, Judge.

This is a second appeal in a court-tried replevin case. See Midwestern Machinery Co. v. Parsons, Mo.App., 385 S.W.2d 224. Broadly stated, the case involves an attempt by the plaintiff, as vendor, to substitute or exchange a chattel which its vendee had mortgaged to the defendant, and the parties' rights arising out of the transaction. The essence of the plaintiff's claim is that it is entitled to possession of the...

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