Duzé

Duzé v. Ace Tractor & Equipment Co.

Good Law
173 Cal. App. 2d 300·1959 Cal. App. LEXIS 1587·343 P.2d 315
Court of Appeal of CaliforniaAugust 26, 1959Civ. No. 23773California1,804 words

Opinion

Lead Opinion

Fox, J.

Plaintiff appeals from a judgment in favor of defendants in an action for damages for alleged conversion of personal property.

Generally, the allegations of the complaint are that the defendants entered into an oral agreement whereby plaintiff was permitted to store, rent free, certain personal property consisting of tractors and field equipment, on defendants’ premises, and that specified property was converted by the defendants. The defendants answered, and by way of counterclaim alleged that they supplied materials and services in connection with the maintenance, safety and upkeep of the equipment, of the reasonable value of $458.99; expended labor *302 to place and locate the equipment, claiming $197 for such services; sold and rented equipment for the sum of $1,800, on which, under defendants’ version of the contract, they were entitled to a 20 per cent commission; and defendants also claimed a 20 per cent commission from the sale of a Caterpillar 12 belonging to the plaintiff.

The trial court made findings of fact and conclusions of law in which it upheld defendants’ contention that plaintiff was to pay them the reasonable cost of labor in connection with the maintenance…

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