Colvin v. Superior Equipment Company

BERNSTEIN, Justice.

Plaintiff-appellee brought this action against defendant-appellant to recover a deficiency as authorized by A.R.S. § 44 — 322, arising from the repossession sale of a power shovel under a conditional sale contract. The defendant filed an affirmative defense and counterclaim, based primarily on the allegation that the shovel was not new, as represented, but had a defectively welded replacement part which had broken down in operation causing a serious accident on June 6, 1957. This accident delayed performance of the defendant’s construction contract for dam work near Show…