Herring Mining Co. v. Roberts Bros. Coal Co.

McDonald, Judge:

In the summer of 1980 the appellant, Herring Mining Company, and its sole owner, Mike Herring, borrowed the sum of $20,000 from the appellee, Roberts Brothers Coal Company, Inc. To secure the repayment of the debt, Herring gave Roberts Brothers a security interest in three pieces of equipment, a bulldozer, a scraper and a 25-ton lowboy trailer. By November, 1980, Herring was in default on the note and, at Roberts Brothers’ request, moved the scraper and lowboy to the latter’s property. Roberts Brothers never attempted to get possession of the dozer and it is not involved in…