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MARTIN BROTHERS IMPLEMENT CO. v. DIEPHOLZ

No. 17680.

109 Ill. App.3d 283 (1982)

440 N.E.2d 320

MARTIN BROTHERS IMPLEMENT CO. et al., Plaintiffs-Appellees and Cross-Appellants, v. DELBERT DIEPHOLZ, d/b/a Mattoon Farm Service, Defendant and Third-Party Plaintiff-Appellant and Cross-Appellee. — (Paul F. Compton, Defendant and Cross-Appellee; Larry Allen, d/b/a L & L Construction Company, Third-Party Defendant.)

Appellate Court of Illinois — Fourth District.

Opinion filed September 13, 1982.

Attorney(s) appearing for the Case

Dotson Law Office, of Mattoon, and Edward C. Eberspacher III, of Dove and Dove, of Shelbyville, for appellant.

Jack C. Vieley, of Peoria, for appellees.

Affirmed in part, and reversed and remanded in part.

JUSTICE LONDRIGAN delivered the opinion of the court:

Defendant Diepholz appeals from the entry of summary judgment against him in an action for conversion of a tractor. Plaintiffs cross-appeal from the entry of summary judgment in favor of defendant Compton.

Larry Allen purchased a Caterpillar model D-5 bulldozer from Martin Brothers on June 14, 1976. The purchase of the bulldozer was financed on...

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