Marston v. Rose-Elash

LOWENSTEIN, Judge.

The plaintiff was granted summary judgment in a replevin suit and the defendant appeals. The facts are relatively simple. The plaintiff, Marston, a resident of Jackson County bought a polygraph machine, located in Jackson County, from the defendant Elash for $3,000. Although paid and given a receipt, Elash, also a resident of Jackson County, never delivered the machine to Marston. Elash, after months of stalling, moved out of the state on January 1, 1984 with her husband, family and the polygraph machine. Marston filed a suit for replevin of the machine on March 14, 1984 in…