Breeden v. Edmenson

*320ON DENIAL OF PETITION FOR REHEARING

This opinion supersedes our prior opinion issued May 17, 1984 which is hereby withdrawn.

SWANSTROM, Judge.

Fire destroyed a log skidder that Gary Breeden had sold on a conditional sale note. He brought this suit to recover the balance due on the purchase price. R.I. Heuett, the buyer’s successor-in-interest, filed a counterclaim for damages, alleging Breeden had breached an oral agreement to provide casualty insurance on the skidder. The magistrate awarded damages to Heuett on her counterclaim, reducing the award by the amount due on the conditional sale note.…