Lakey v. Caldwell

237 P.2d 610 (1951)

LAKEY

v.

CALDWELL.

No. 7766.

Supreme Court of Idaho.

November 10, 1951.

Rehearing Denied November 20, 1951.

Callis A. Caldwell, Soda Springs, for appellant.

R. J. Dygert, Soda Springs, for respondent.

KEETON, Justice.

Plaintiff (respondent here) brought this action to recover a balance of $500.00 with interest, alleged due on a contract for the sale of an International combine harvester, sold the defendant on the 1st of August, 1948. The combine, the subject matter of this litigation, was a used, second hand machine.

In avoidance, the defendant in his answer, alleged that at the time…