(Download) "James L. Morrison v. Quality Produce" by Supreme Court of Idaho No. 9860 * eBook PDF Kindle ePub Free
eBook details
- Title: James L. Morrison v. Quality Produce
- Author : Supreme Court of Idaho No. 9860
- Release Date : January 18, 1968
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
Plaintiff (appellant) as owner leased certain farm land in Elmore County to the partnership of Iehman and Garrison for the
crop year of 1964 for a cash rental of $6,400.00. The tenants planted potatoes on approximately 110 acres of the leased land.
In October, 1964, the partners were sued in two actions filed by creditors, and the growing potato crop was attached in those
actions. In order to obtain the release of the crop for harvesting, the partners sold the crop to defendant (respondent) for
the price of $2.00 per cwt. field run, less tare. The partnership obtained the release of one of the attachments by posting
a bond and the defendant advanced money on the contract for the sale of the potatoes to obtain release of the other attachment.
Three documents were executed in connection with the sale of the potato crop: one was a contract for the sale of the potatoes
by the partnership to the defendant; another was an assignment by the partnership to the plaintiff of the sum of $6,225.00
of moneys to become due to the partnership on the purchase price of the potatoes, and authorizing and directing defendant
to pay that amount to the plaintiff; the third was a bill of sale executed by the partnership conveying the potatoes to the
plaintiff Morrison and the defendant Quality Produce, Inc. After the harvest and after deducting the advances made by it,
for the release of the attachment and for the cost of harvesting and transportation of the potatoes, and other incidental
expenses, the defendant paid to the plaintiff the sum of $725.00 as the balance due on the purchase price of the potatoes. In March, 1965, plaintiff brought this action in claim and delivery for the recovery of 2800 sacks of potatoes or the value
thereof. Plaintiff alleged the potatoes claimed were of the value of $8,000.00 and posted a $16,000.00 bond for the delivery
thereof. Pursuant to directions of plaintiff, the sheriff took possession of the potatoes by padlocking the several cellars
in which the potatoes were stored and wherein they had been commingled with other potatoes by the defendant. Defendant did
not claim redelivery, but filed a counterclaim alleging ownership and right of possession of the potatoes and claimed damages
for the wrongful taking thereof. The sheriff delivered approximately 2800 cwt. of potatoes from the cellars to the plaintiff
and released the remainder. While the sheriff was in possession a fire occurred in one of the cellars, causing some damage
to the potatoes therein.