Davies
E. A. Hardison Perforating Co. v. Davies
Opinion
Lead Opinion
Works, J.
This is an appeal from the judgment and from an order denying a motion for a new trial.
The respondent delivered to the Hibernian Petroleum Company certain tools and implements, which were put to use by that corporation in an attempt to produce oil from a certain tract of land which it held under lease from appellant Davies. The Hibernian Company forfeited the lease and Davies, at the time of his re-entry upon the land, seized the personal property above mentioned as also forfeited to him under a certain provision of the lease. The Hardison Company commenced this action of claim and delivery for the recovery of the tools and implements, upon the theory that they had been loaned to the Hibernian Company and that the respondent had never parted with title to them. The respondent recovered judgment.
The appellants contend that the delivery of the personal property to the Hibernian Company was not a loan, but a sale, and that the evidence fails to sustain the finding of the trial court that the respondent was entitled to the possession of the articles at the time the action was commenced. The witness Deuel, the vice-president and manager of respondent, has this to say of the…