Merchants, Inc. v. Intermountain Industries, Inc.

This action began with a complaint filed by Merchants, Inc., (Merchants) in October of 1971. Approximately five years and 185 pages of clerk’s transcript later, the original action remains to be tried, and is apparently held in abeyance pending the disposition of the appeal we now consider.

In June of 1969, Merchants conditionally sold certain personal property to Drug Mart, Inc., (Drug Mart) for approximately $50,000.00, the purchasers of record being Drug Mart and its owners, Charles J. and Ralene M. Nielsen, individually. Requisite UCC filings were made at both the Bannock County Recorder’s…