Nelson v. Enders, No. 8818

• Court: Idaho Supreme Court
• Writing for the Court: SMITH; TAYLOR
• Citation: 353 P.2d 401,82 Idaho 285
• Parties: John C. NELSON, Plaintiff-Respondent, v. Glen ENDERS, Defendant-Appellant, and F. M. Bistline, Henry Parker, W. P. McLelland, and others sued herein as John Doe and Jack Roe, Fred Tripp, and the United States of America, and unknown owners of the following described property, to-wit: 1-1955 Low Boy MM trailer, Serial L. 5551-M25, 1-1953 D8 Caterpillar Tractor, serial number 2U 11540 SP, 1-1949 Kenworth, serial number 48505, motor number 107316, described by F. M. Bistline as serial number 58604 and by a plate on the said property as serial number 59605, the same being correctly identified by the motor number 107316, Defendants.
• Decision Date: 21 June 1960
• Docket Number: No. 8818

Page 401

353 P.2d 401 82 Idaho 285 John C. NELSON, Plaintiff-Respondent,
v.
Glen ENDERS, Defendant-Appellant, and F. M. Bistline, Henry Parker, W. P. McLelland, and others sued herein as John Doe and Jack Roe, Fred Tripp, and the United States of America, and unknown owners of the following described property, to-wit: 1-1955 Low Boy MM trailer, Serial L. 5551-M25, 1-1953 D8 Caterpillar Tractor, serial number 2U 11540 SP, 1-1949 Kenworth, serial number 48505, motor number 107316, described by F. M. Bistline as serial number 58604 and by a plate on the said property as serial number 59605, the same being correctly identified by the motor number 107316, Defendants. No. 8818. Supreme Court of Idaho. June 21, 1960.

[82 Idaho 286]

Page 402

Gus Carr Anderson, Pocatello, Robert M. Kerr, Jr., Blackfoot, for appellant.

[82 Idaho 287] Johnson & Olson, Pocatello, for respondent.

SMITH, Justice.

Plaintiff-respondent instituted this action for the purpose of determining the ownership

Page 403

of three pieces of heavy construction equipment, i.e., a 1955 Low Boy MM trailer, a 1953 D8 Caterpillar tractor, and a 1949 Kenworth truck tractor.

Only the defendant-appellant Glen Enders appeared in the action by his answer and counterclaim. The remaining defendants not having appeared, their defaults were entered.

The court, after trial without a jury, entered findings of facts and conclusions of law, followed by judgment in respondent's favor. The judgment awarded respondent, as owner, the equipment free and clear of liens, and denied to appellant any relief. Appellant appealed from the judgment.

[82 Idaho 288] We shall briefly summarize the facts and circumstances relating to the action.

During early October, 1958, defendant McLelland, as owner, agreed to sell three pieces of equipment, involved in this action, to respondent, who dealt generally in used cars and trailers in Salt Lake City, Utah. Respondent, prior to purchase, had the equipment examined by a heavy equipment dealer, who placed its value from a buyer's standpoint at $9,000. October 10, 1958, upon consummation of the transaction, respondent paid to McLelland and for his use the $9,000 alleged purchase price of the equipment, which sum was used to pay a lien on the caterpillar, a lien on the Kenworth truck tractor, and a small balance owing on a lease, McLelland receiving the balance in cash.

In consummation of the transaction defendant McLelland executed and delivered to respondent a bill of sale to each piece of equipment, warranting it to be free and clear of liens, and delivered to respondent a Wyoming certificate of title to the Kenworth truck tractor, and one to the Low Boy trailer

Respondent, because of his inexperience with heavy equipment, expressed apprehension about the deal; thereupon McLelland suggested that he be given an option to purchase the equipment. Later on October 10, 1958, respondent executed and delivered such an instrument in writing, hereinafter sometimes referred to as the McLelland option, granting to McLelland an option to purchase the equipment for the sum of $10,000, the option to be exercised on or before January 10, 1959. Respondent thereupon took possession of the machines, storing them on his property in Salt Lake City.

December 11, 1958, defendant McLelland entered into a conditional sale and purchase agreement with appellant Enders, covering the three pieces of equipment involved in this action, and three additional machines, i.e., a D8 caterpillar straight blade bulldozer, No. 2U 9601; a 1957 International 4-Wheel drive 3/4 ton pickup, and a 1957 Chevrolet 1/2 ton pickup truck. The same day, December 11, 1958, McLelland executed a bill of sale reciting that in consideration of $1,000 and other valuable considerations, paid to him, he had sold and transferred over to appellant the three machines involved herein; also two additional machines, i.e., a D8 caterpillar straight blade bulldozer No. 2U 9601, and one Woolridge T.C.R. 15 yard capacity pull type scraper.

Thereafter during December appellant caused the equipment to be moved to Pocatello, Idaho, unbeknown to respondent who, about January 6, 1959, after considerable investigation, ascertained its whereabouts and of the dealings had regarding it between defendant McLelland and appellant. On that date, January 6, 1959, appellant indicated that he desired to exercise the McLelland option to purchase and desired delivery[82 Idaho 289] of the titles upon exercise of the option. Respondent thereupon agreed to leave the equipment in Pocatello, in view of the outstanding options and appellant's interest in the transaction.

January 10, 1959, respondent and appellant met at the office of a bank official, at which time appellant requested ten days' time beyond January 10, 1959, within which to exercise the McLelland option, which respondent granted. The two men placed in escrow with the bank official the requisite documents relating to the equipment transaction including certificates of title; also, respondent executed and delivered to appellant an extension to...