Percival Construction Co. v. Miller & Miller Auctioneers, Inc.

EUBANKS, District Judge.

The matter now before the Court for disposition is the Motion of Counter-Defendant Stock Yards Bank for Partial Summary Judgment. Plaintiff Percival Construction Co. (Percival) commenced this action against Defendant Miller & Miller Auctioneers, Inc. (Miller) to recover $30,000.00 as proceeds from the sale of certain equipment, allegedly owned by Percival, which was sold at an auction sale conducted by Miller on December 5, 1972, at which most of the assets of Counter-Defendant P & A Construction Co., Inc. (P & A) were sold. Miller counterclaimed by Interpleader…