Nebraska MacHinery Co. v. Schoenheit Trucking Co.

OPINION

This is an action brought by plaintiff Nebraska Machinery Company against Schoenheit Trucking Company to replevin a tractor, hereinafter for convenience called tractor B. The action was commenced on June 19, 1954. Judgment was entered for plaintiff for the possession of the tractor and damages for withholding it in the sum of $880.

On April 15, 1954, the plaintiff leased to Lawrence Bass two different caterpillar tractors, hereinafter called tractors A and B respectively, as they were in the court below. There is a good deal of confusion in the testimony as to which tractor was “A” and…