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DEUTZ-ALLIS CREDIT CORP. v. LOGGING

No. 18296.

824 P.2d 178 (1992)

121 Idaho 247

DEUTZ-ALLIS CREDIT CORPORATION, a Wisconsin corporation, Plaintiff-Respondent, v. BAKIE LOGGING, a partnership, Gwen Brandt Voves and Arnold Bakie, Defendants-Appellants. BAKIE LOGGING, a partnership, Gwen Brandt Voves and Arnold Bakie, Third Party Claimants-Appellants-Cross Respondents, v. EMPIRE MACHINERY COMPANY and Fiat Allis Credit Corporation, Third Party Defendants-Respondents-Cross Appellants.

Court of Appeals of Idaho.

January 6, 1992.

Attorney(s) appearing for the Case

Fred W. Gabourie, Jr., Post Falls, for defendants-appellants.

Lukins & Annis, Coeur d'Alene, for plaintiff-respondent Deutz-Allis Credit. Richard Wayne Sweney argued.

Wallace & Wallace, Coeur d'Alene, for third party defendant-respondent-cross appellant Empire Machinery. Richard P. Wallace argued.

SILAK, Judge.

This case involves the sale of a crawler tractor (dozer) by Empire Machinery Co. (Empire) to Bakie Logging Co. (Bakie). The purchase money security interest which Empire retained in the dozer was later assigned to Deutz-Allis Credit Corporation (Deutz-Allis). After Bakie's payments became delinquent, Deutz-Allis sued Bakie to recover the dozer and the balance still owed on the contract. Bakie impleaded Empire alleging misrepresentation, breach of contract...

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