Feaster Trucking Service v. Parks-Davis Auctioneers

The opinion of the court was delivered by This is an appeal and cross-appeal from a judgment for $3,015.40 entered against the defendant, Parks-Davis Auctioneers, Inc. Parks-Davis, defendant below and appellant here, contends the judgment should be set aside and a summary judgment entered in its favor. Feaster Trucking Service, Inc., plaintiff below and cross-appellant here, contends a summary judgment should have been entered in its favor for $5,316.94 instead of $3,015.40. We will refer to the appellant as Parks-Davis or the auctioneer and to the cross-appellant as Feaster, or as the seller or as the owner. Feaster, who was engaged in commercial hauling, entered into a written contract for services with Parks-Davis to hold a public auction sale and sell as the owner's agent various trucks and trailers. The auction was held at Great Bend, Kansas, on September 23, 1967. One of the trucks to be sold was a 1967 International diesel truck suitable for commercial hauling. After the sale and pursuant to arrangements, which will be detailed later, possession of the truck was delivered to an agent of Tom Neff of Colorado City, Texas. The agent began driving the truck to Colorado City. Although the facts are unclear, it would appear the truck engine locked up enroute because of overheating after a water leak occurred. Repairs to the truck at a cost of over $1900.00 became necessary as a result thereof.