Massey-Ferguson Credit Corp. v. Peterson

BAKES, Justice.

This case concerns the question of damages arising from appellant Massey-Ferguson Credit Corporation's repossession of farm equipment owned by respondent Arthur Peterson. In a previous appeal, Massey-Ferguson Credit Corp. v. Peterson, 96 Idaho 94, 524 P.2d 1066 (1974) [Massey-Ferguson I], we declared Idaho’s prejudgment claim and delivery statute, former I.C. §§ 8-301 et seq., to be unconstitutional. In this appeal, we address the issue of Massey-Ferguson’s liability, if any, for utilizing that unconstitutional statute to repossess Peterson’s equipment.

In September, 1970,…