Braund, Inc. v. White

OPINION

ERWIN, Justice.

This is an appeal from a partial summary judgment.

I. FACTS

The original complaint was filed by ap-pellee, Glacier Construction Company, on November 20, 1969. It contained two counts. Count I alleged the conversion of ten items of equipment with a value of approximately $25,000, taken in November of 1968. Count II, not at issue here, alleged a breach of contract with regard to a certain joint venture entered into between the parties resulting in damages in the amount of $272,000. The appellant’s answer to Count I denied the allegations regarding the conversion, except that…