Massey-Ferguson, Inc. v. Talkington

(dissenting) :

It is my conclusion that the trial court erred in entry of judgment for the defendant-respondent. Briefly, the reasons for this conclusion are as follows:

The parties have considered the machinery the subject of the conditional sale contract entered into in Kansas, by appellant’s assignor as vendor and Simpson as being “farm machinery”. That it was farm machinery is sustained by the record, as respondent Talkington used this equipment for that purpose. I.C. § 64-801 requires that conditional sales contracts be recorded in the county where the property is located, otherwise the…