Cummins v. Hartley

This is an appeal from a summary judgment in favor of plaintiffs on defendants’ counterclaim for conversion.

Defendants Hartley, doing business as partners, sold three and a half quarter-mile irrigation wheel lines and four power movers to plaintiff Cummins on an open account. Cummins paid all but $974.60. He acquired possession of the irrigation equipment; the Hartleys did not perfect a security interest. Later, Cummins sold the wheel lines and movers to Steele.

Hartleys claimed that sometime prior to the sale of the wheel lines and movers by Cummins to Steele, they contracted orally with…