Midwestern Engine and Equipment Co. v. Childers

This action was commenced by Tom Childers, d/b/a C. & G. Construction Company, to recover the value of earth-moving machinery which he alleged belonged to him and which was taken by plaintiff in error, defendant below, without his consent. Continued reference to the parties will be by their trial court designation and as though no assignment of the judgment had been made.

The record reveals that' plaintiff was an earth-moving contractor engaged in the performance of a contract by the use of certain machinery leased from the defendant; that prior to December 18, 1953, the equipment was…