CUMMINS v. HARTLEY

No. 72-241 E; CA 12351.

600 P.2d 463 (1979)

42 Or.App. 187

Robert Dale CUMMINS and Quentin D. Steele, Respondents, v. Robert F. HARTLEY, Virginia Lee Hartley, Co-Partners Doing Business As H & W Irrigation Co., Mitchell, Lewis & Staver Co., an Oregon Corporation, Appellants.

Court of Appeals of Oregon.

Decided September 17, 1979.


Attorney(s) appearing for the Case

Sam A. McKeen, Klamath Falls, argued the cause and filed the brief for appellants.

Quentin D. Steele, Klamath Falls, argued the cause and filed the brief for respondents.

Before SCHWAB, C.J., and THORNTON, BUTTLER and JOSEPH, JJ.


JOSEPH, Judge.

This is an appeal from a summary judgment in favor of plaintiffs on defendants' counterclaim for conversion.

Defendants Hartley, doing business as partners, sold three and a half quarter-mile irrigation wheel lines and four power movers to plaintiff Cummins on an open account. Cummins paid all but $974.60. He acquired possession of the irrigation equipment; the Hartleys did not perfect a security interest. Later, Cummins sold the wheel lines...

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