Western Seed Marketing Co. v. Pfost

ADAIR, Commissioner.

This action was instituted against Emmitt Pfost, as sheriff of Ada county, to recover possession of certain alfalfa seed, levied upon by him in a summary chattel mortgage foreclosure proceeding commenced by the Grandview State Bank against one J. L. Thams. The case was tried without a jury, and the appeal is from a judgment in favor of Pfost.

There are eleven assignments of error, but it will be necessary to consider, only two questions in the determination of this cause. The appellant, in writing, contracted to purchase from Thams certain Grimm alfalfa seed which was then…