Berlin Machine Works v. Dehlbom Lumber Co.
Idaho Supreme Court
APPEAL from the District Court of the Eighth Judicial District for Bonner County. Hon. Robt. N. Dunn, Judge. Action to recover resaw and attachments sold under conditional sale. Judgment for plaintiff.
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APPEAL from the District Court of the Eighth Judicial District for Bonner County. Hon. Robt. N. Dunn, Judge. Action to recover resaw and attachments sold under conditional sale. Judgment for plaintiff. The lower court erred in failing to make findings of fact, conclusions of law and judgment upon the first affirmative defense, pleading prior adjudication of the matters in controversy and pleading a counterclaim for the recovery of the purchase money paid less the expense of returning the resaw to the respondent and for a return of the purchase money notes, and entering judgment upon such…
1Opinion of the CourtBudge, J.
This action was brought by respondent to recover from appellant one band resaw, No. 285, and attachments, alleged to be of the value of $1,350. It is alleged in respondent’s complaint that the machine was purchased *497under a written contract which provided, among other things, that title to the band resaw and attachments should remain in the vendor until paid for in full.
It is also alleged in the complaint that prior to the commencement of the action to recover possession of the above-described personal property a proper demand was made therefor and possession thereof refused by appellant; that…
2Cases cited11 opinions
- Gardner v. Michigan Central RailroadSupreme Court of the United States · 1893
- Gould v. Evansville & Crawfordsville R. Co.Supreme Court of the United States · 1876
- Segrist v. CrabtreeSupreme Court of the United States · 1889
- Homer v. BrownSupreme Court of the United States · 1854
- Wood v. BrodersonIdaho Supreme Court · 1906
6 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Perry Plumbing Co. v. SchulerIdaho Supreme Court · 1975
- Smith v. Mercy HospitalIdaho Supreme Court · 1939
- Vinyard v. North Side Canal Co., Ltd.Idaho Supreme Court · 1929
- Bentley v. KasiskaIdaho Supreme Court · 1930
- Berlin Machine Works v. Dehlbom Lumber Co.Idaho Supreme Court · 1919
4 more not listed; retrieve them via the Exa API.