Municipal Equipment Co. v. Butch & Son Deep Rock

LeGRAND, Justice.

This case was tried on stipulated facts to determine which of two innocent parties is entitled to possession of a truck upon which plaintiff held a conditional sale contract and on which defendant claims a lien for services performed and material furnished in the improvement and enhancement thereof. Both are the victims of one Floyd L. McGrew, the owner of the vehicle, who defaulted on the conditional sales contract and who refused to pay defendant for the work he had ordered on the truck.

The agreed facts important to this appeal are quite brief. Plaintiff sold Mc-Grew a…