Oetker v. Sherwood

GARRISON, Judge.

This appeal is from the entry of a summary judgment in a suit for conversion. We reverse the judgment and remand the case to the trial court.

Appellant (Plaintiff), as well as Defendants Ray and Helen Sherwood (the Sherwoods), leased dairy cattle to Gary and Dixie Bulling-ton (the Bullingtons) in separate transactions. The Bullingtons apparently failed to make, all of their lease payments, and the record indicates that they sold or disposed of some of the leased cattle. Plaintiff first sued the Bullingtons, claiming conversion of the cattle leased by them and damages for unpaid…