Interform Co. v. Mitchell

SNEED, Circuit Judge:

I

Introduction.

The appellant Mitchell Construction Company used certain forms which belonged to Interform Company for molding concrete on two construction jobs it performed as prime contractor for the State of Idaho. Interform received $32,000 from Mitchell which Mitchell contended was the purchase price of the forms. Interform contended the $32,000 was a rental payment for use of the forms on Mitchell’s first job. Consequently, in the district court Interform sought payment for Mitchell’s use of its forms on the second job, and the return of its forms. Mitchell sought a…