State v. Phillips

In January, 1939, complaining witness E. C. Gertje sold J. H. Phillips a reconditioned Sunbeam automatic light plant for the sum of $95.00, with an alleged unconditional guarantee. Phillips later claimed the plant was materially defective and through his attorney, by letter, sought to enforce the alleged guarantee. September 5, 1940, Phillips and Gertje met in the Curtiss Hardware Store at Kendrick, Idaho. At the time, Phillips, accompanied by his two farm hands, Burtress Rogers and Don Rogers, accosted Gertje in the store. An argument ensued in regard to the alleged guarantee of the light…