Mountain States Implement Co. v. Arave

Appellant, as assignee of Iona Mercantile Company, brought this action on two title-retaining notes, given in payment of the purchase price of a certain International motor-truck. Respondents admit the execution of the. notes, the delivery of the truck, and the repossession of the truck by appellant, but deny it was sold at private sale, as alleged in the complaint, or at all, and as a defense alleged that plaintiff refused and neglected to sell the truck at public or private sale, as specified in the notes sued on; that, instead, plaintiff caused the truck to be appraised without defendants’…