Rush v. G-K MacHinery Co.

SMITH, Justice.

Appellant brought this action seeking to recover a balance of moneys allegedly due and owing from respondent growing out of the sales of two pieces of heavy equipment — a crane and a dump truck. The crane was peaceably repossessed under a defaulted conditional sales contract, and the truck, encumbered by a mortgage as additional security for payment of the contract, was peaceably delivered for sale.

A dispute arose out of the settlement on the sales of the equipment. Appellant asserted there was still due and owing $4,-340.05 from the sale of the crane and $3,345.00 from the…