B & M WHOLESALE CO., INC. v. ANCHOR RANCH, INC.

No. 11651.

531 P.2d 1163 (1975)

96 Idaho 518

B & M WHOLESALE CO., INC., an Idaho Corporation, Plaintiff-Respondent, v. ANCHOR RANCH, INC., an Idaho Corporation, et al., Defendants, and Anchor Ranch, Inc., an Idaho Corporation, and Milton Carothers, Defendant-Appellants.

Supreme Court of Idaho.

February 7, 1975.


Attorney(s) appearing for the Case

Richard B. Eismann, Homedale, for defendants-appellants.

Peter J. Boyd of Elam, Burke, Jeppesen, Evans & Boyd, Boise, for plaintiff-respondent.


BAKES, Justice.

This appeal presents the question of whether a repossessing conditional vendor must sell the collateral as a condition to obtaining a deficiency judgment.

On October 6, 1966, plaintiff-respondent B & M Wholesale Co., Inc., entered into an agreement with defendant-appellant Anchor Ranch, Inc., in which defendant-appellant Milton Carothers, an officer of Anchor Ranch, also became personally obligated. The agreement, which was entitled a lease...

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