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AMERICAN MACHINE COMPANY v. FITZPATRICK

No. 10089.

443 P.2d 1013 (1968)

92 Idaho 416

AMERICAN MACHINE COMPANY, Plaintiff-Appellant, v. Jerry FITZPATRICK, dba Fitzpatrick Mechanical Repair, Defendant-Respondent.

Supreme Court of Idaho.

July 10, 1968.

Attorney(s) appearing for the Case

Hamilton & Hamilton, Coeur d'Alene, for plaintiff-appellant.

Sterling Williver, Sandpoint, for defendant-respondent.

McQUADE, Justice.

At all pertinent times, appellant, a machine company, owned a certain used TLDT ("log jammer") motor vehicle, serial number 3254 and a straight boom used in connection with the vehicle. Sometime before November 1964, appellant permitted a potential customer, Reuben W. Akre, to try out "in the field" the vehicle and its attached straight boom. How long Akre kept such possession is not shown by the record. During this try-out period, appellant did...

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