Church v. Richfer Corp.

SEILER, Judge.

This case arises from respondent’s failure to return bailed goods. Appellants, plaintiffs below, sued for breach of the bailment contract and obtained a jury verdict of $12,-760. 1 The trial court, however, granted a new trial on the basis of a defective jury instruction. On appeal, the trial court’s order granting a new trial was affirmed. On rehearing, the court of appeals en banc affirmed. We transferred the case to this court to clarify what constitutes the basic elements of a bailor’s cause of action for breach of contract when a bailee fails to return bailed property…