Madden v. Deere Credit Services, Inc.

ON APPLICATION FOR REHEARING

Our opinion of January 10, 1992, is withdrawn and the following is substituted therefor.

Willie Madden appeals from a summary judgment in favor of the defendants, Deere Credit Services, Inc. ("Deere"), and Rodney Warrick, in Madden's claim alleging conversion of an implement used in his logging business. We reverse and remand.

In June 1987, Mr. Madden was engaged in the business of cutting timber. On June 17, 1987, he purchased from Mid South Machinery Company, Inc., a "used cable skidder," an implement for use in his timber-cutting operation. He paid $8,971.10 of…