Ketcham v. Selles

Plaintiff appeals from a judgment dismissing his claim for replevin of a rock screening plant and for reasonable rent during the time that defendant retained its possession. We reverse.

On April 5, 1979, defendant apparently came into lawful possession of the plant and used it pursuant to a rental agreement with plaintiff. On January 14, 1981, in another case involving the same rock screening plant, in which one Kendall was the plaintiff, defendant recovered a judgment by default against this plaintiff in that action on a third-party claim. That judgment did not resolve the issues between…