Kleeman v. Zigtema

*286OPINION

On May 25, 1969 appellant and respondent entered into an oral agreement for the purchase and sale of respondent’s 36 foot motor boat for $4,000 down and $4,000 to be paid within 30 days.

Kleeman paid the initial $4,000 by check and took possession of the boat, although it is disputed whether immediate possession was contemplated by the parties. Zigtema contends that possession was unauthorized, and that Kleeman secretly boarded the boat, removed hidden keys and possessed the vessel, while Kleeman maintains that Zigtema handed him the keys when the parties satisfactorily concluded their…