Petty v. Gindy Manufacturing Corporation

CROCKETT, Justice.

Plaintiff, Petty Investment Company, seeks to hold the defendant, Gindy Manufacturing Corporation, liable for a loan Petty had made to G. H. Mickelson (Freeway Trailer Sales, Inc.) who was a franchised dealer of trailers manufactured by the defendant Gindy. After the presentation of the plaintiff’s evidence, the trial court granted defendant’s motion to dismiss and elected to make findings as authorized by Rule 41(b) U.R.C.P. Plaintiff appeals. In such circumstances we review the evidence in the light most favorable to the findings. 1

On September 28, 1962, Mickelson, who was…