Sangster v. Spangler

SHEPARD, Justice.

This is an appeal from an order granting judgment on the pleadings pursuant to I. R.C.P. 12(c). The order entering judgment for respondent is based on the narrow ground that the pleadings indicate the release of defendant-respondent Earl Spangler, Sr., from all liability and therefore, as to him, leave no material issue of fact in dispute. We reverse.

This action was instituted in October 1971 by appellant Lila Rose Sangster as executrix of the estate of her husband. The substance of the claim was for con*187version of a tractor loaned to Spangler and his wife and retained by them…