PHELPS v. MELTON

No. 1 CA-CIV 1277.

14 Ariz. App. 296 (1971)

482 P.2d 905

Wayne E. PHELPS, Cost Plus Ten Markets, Inc., a corporation, Appellants, v. Lester MELTON and Ethel Melton, husband and wife, Appellees.

Court of Appeals of Arizona, Division 1.

Rehearing Denied April 15, 1971.


Attorney(s) appearing for the Case

Standage, Allen & Phelps, by Gove L. Allen, Mesa, for appellants.

Doherty & Becker, by Mathis Becker, Phoenix, for appellees.


KRUCKER, Chief Judge.

This appeal questions only the amount of damages awarded the appellees-defendants as a result of a replevin action involving five air-cooled gas engines and a welder.

Appellants, plaintiffs below, instituted an action to recover possession of this equipment, posted a replevin bond and obtained possession of the equipment. Appellees, defendants below, counterclaimed for damages, claiming ownership of the subject property which had been...

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