Cross v. Berg Lumber Company

7 P.3d 922 (2000)

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Nature of the Case

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Facts

P purchased a Caterpillar 120 motor grader for $19,700. P used the grader to push dirt and snow and for road construction, grading, and maintenance. In 1991, P contracted with Joe Crail to deliver logs to the Casper sawmill. Without P's knowledge or permission, Crail took the grader from Casper to D's ranch and used it to grade access roads to facilitate logging. Without P's knowledge or permission, Crail took the grader from Casper to D's ranch and used it to grade access roads to facilitate logging. Crail damaged D's' property by knocking down gates, burying irrigation ditches, and marring roads. Crail also owed D $5,500.00 for logs that he had removed from the property. P learned that Crail had taken the grader, and requested its return. Crail promised to return it. The grader was not returned. P later learned that the grader was on the D ranch. D told P that he wanted to use the grader to repair the damage done by Crail. P agreed to the use. P also told D that the grader's clutch might not be working smoothly. D said he would fix it so that he could use it. P acquiesced and said he would pick up the grader when the damage was repaired. P sent a truck down to pick up the grader. D did not allow the driver to take the grader, saying he had not yet had time to repair the damage to his ranch. In 1993, P sent another truck to get the grader; but, the grader remained in Wyoming at that time. In June 1994, P again. D refused to allow P's employees onto his property to view the grader. P tried again in 1996 and D claimed that the grader was gone. P's agent reported this alleged theft to the County Sheriff's Office. P hired an airplane to fly him over the D ranch and located the grader concealed in an area that was not visible from the public road. P formally demanded the return of the grader on October 9, 1996. This lawsuit was filed on January 5, 1998. The district court entered judgment for P in the sum of $83,400 and issued a Writ of Replevin directing D to return the motor grader to P. D appealed.