Smith v. Royer

ELLETT, Justice:

E. Penn Smith appeals from the ruling of the trial court in granting a summary judgment against him and denying his own motion for summary judgment. The facts as he claims them to be are as follows:'

*85On July 27, 1965, Austin B. Smith, individually or as president of Gold Bar Resources, a corporation, leased from him ■certain lands and pursuant to the lease agreement did on September 16, 1966, give him possession of a certain automobile as a ■credit on the lease payments due. Austin B. Smith at the time told E. Penn Smith that he could have the use of the car, and .as soon as it…