Lockwood Graders of Idaho, Inc. v. Neibaur

McQUADE, Justice.

Appellant and cross-defendant is a corporation engaged in the sale and service of farm equipment, with its principal place of business at Rupert, Idaho. Respondents and cross-complainants are co-partners doing business under the trade name of Neibaur Bros., a partnership.

In October of 1955, the respondents were harvesting approximately 550 acres of potatoes. On October 12, 1955, a date during the harvest season, the respondents took delivery of a Lockwood Graders conveyor, model No. BL9C24BG, which had been represented to them by the appellant as a machine suitable for piling…