Shepherd v. DeVille Engineering Construction Co.

COLLINS, J. pro tem. *

This action was commenced as one to foreclose a chattel mortgage on a Caterpillar Tractor which defendants had hypothecated to plaintiffs as security for the payment of all rentals and other obligations under a Machinery Lease Agreement covering three units of earth-moving equipment. However, by the time the litigation reached the trial stage, the action, without any amended or supplemental pleadings being filed in the interim, became one to collect a balance allegedly due as unpaid rental and for liquidated damage as provided in a formula set out in the agreement.

Plainti…