Guiles v. Kellar

GIVENS, Chief Justice.

Respondent, Howard Cooper Corporation, owner of a used tractor and bulldozer, sold them to appellant December 19, 1941, taking in payment therefor a promissory note for $1204.00 payable in installments of $400.00 on May 1, 1942 and $804.00 on October 1, 1942 with interest, secured by a chattel mortgage.

The equipment, prior to that time, had been leased and provisionally optioned to Boundary County at a monthly rental of $550.00. This contract had expired December 10, 1941, the County advising they were not going to exercise the option to purchase, but that they might…