Wickahoney Sheep Company v. C. A. Sewell

273 F.2d 767 WICKAHONEY SHEEP COMPANY, an Idaho corporation, and Bank of Idaho (formerly Continental State Bank), an Idaho corporation, Appellants, v. C. A. SEWELL, Orene H. Sewell and Orville R. Wilson, Appellees. No. 16390. United States Court of Appeals Ninth Circuit. December 11, 1959. Hawley & Hawley, Jess Hawley, Jr., Elam & Burke, Boise, Idaho, for appellant. Langroise & Sullivan, Willis Sullivan, Boise, Idaho, for appellee. Before POPE, HAMLEY and HAMLIN, Circuit Judges. HAMLIN, Circuit Judge. 1 On December 15, 1955, appellees C. A. Sewell and Orene H. Sewell, as sellers, entered into a Purchase Agreement with appellant Wickahoney Sheep Company, as buyer, for the sale of certain personal property described in the agreement, including 4,087 sheep. The Sewells subsequently assigned their interest to appellee Orville R. Wilson. 2 The total purchase price was $121,700, payable $15,000 down at the time of execution of the agreement, and $15,000 on October 10 of each succeeding year until the purchase price, with interest was paid in full. All the property was delivered to Wickahoney on October 18, 1955, about two months prior to execution of the agreement, and the…