(DOWNLOAD) "Transamerica Leasing Corporation v. Van's" by Supreme Court of Idaho No. 9788 * Book PDF Kindle ePub Free
eBook details
- Title: Transamerica Leasing Corporation v. Van's
- Author : Supreme Court of Idaho No. 9788
- Release Date : January 02, 1967
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 71 KB
Description
This case concerns a lease of machinery by Skaggs Utah Leasing Corporation to Van Kleeck Creamery, Inc. With regard to the lease, appellant, Van's Realty Co., Inc., is successor in interest to Van Kleeck Creamery, and respondent, Transamerica Leasing Corporation, is successor in interest to Skaggs Utah Leasing Co. Western Frozen Products Co., Inc., not a party to this proceeding,[Footnote 1] built the machine. As the following statement of facts reveals, Van Kleeck assisted Western regarding the machine's construction, but the degree of Van Kleeck's participation and the nature of Van Kleeck's relation with Western is disputed. Western asked Skaggs to finance the venture by purchasing the machine from it when constructed, and then immediately to lease it to Van Kleeck. This was done, but the parties controvert whether Skaggs' role was only that of financial intermediary or whether Skaggs assumed responsibility for the machine's efficient operation. The machine, composed of a number of separate devices, was delivered by Western to Van Kleeck, whereupon Skaggs paid Western the purchase price and Van Kleeck began remitting monthly rent to Skaggs. The machine never operated properly and this action brought by Skaggs to recover rent from Van Kleeck must determine as between the successors of Van Kleeck and Skaggs which will bear the los. The pertinent facts are detailed hereinafter. In early 1958, Harold Komberec and Harold Fiedler conferred with Royal Shields, then acting manager of Van Kleeck Creamery, in the creamery's Coeur d'Alene office, regarding the production and sale of a novelty ice cream confection, Froz-O-Log.[Footnote 2] Komberec and Fiedler showed Fields samples of the confection and a small machine, non-automatic in some of its operations, which produced the novelty food. After agreeing with Shields on a royalty payment plan, Komberec and Fiedler soon began manufacturing Froz-O-Logs in Van Kleeck's Coeur d'Alene plant, the creamery supplying some of the materials and marketing the finished product. The venture prospered and, as Royal Shields testified, ""eventually our demand grew to such an extent that the machine was not capable of producing enough logs.""