[Download] "John Weaver v. Pacific Finance Loans" by Supreme Court of Idaho No. 10671 # Book PDF Kindle ePub Free
eBook details
- Title: John Weaver v. Pacific Finance Loans
- Author : Supreme Court of Idaho No. 10671
- Release Date : January 02, 1971
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 59 KB
Description
This appeal from a judgment of dismissal by the trial court (sitting without a jury) of an action in conversion raises issues
of proximate cause and proof of damages. In June, 1966, plaintiff, John Weaver, purchased a tavern and restaurant, complete
with liquor license, from Parse Norvell. Weaver gave Norvell several promissory notes and agreed to assume Norvell's obligation
on a conditional sales contract with defendant, Pacific Finance Loans, hereinafter called Pacific. Weaver testified in the
court below that under his management the business never produced profit. By September 13, 1966, he was delinquent in his
payment on the Pacific contract and for a premium on an insurance policy. On that date representatives of Pacific personally
notified him the company was foreclosing, and removed the liquor license displayed in the tavern. Pacific informed Norvell
of the action taken and Norvell immediately notified Weaver that he was going to enforce payment of the promissory notes.
Weaver closed the business immediately, and, on September 16, 1966, executed with Norvell a "mutual cancellation agreement"
voiding the June sale and terminating Weaver's interest in the premises. In this action Weaver alleged, and the trial court found, that removal of the liquor license by Pacific violated a contract
provision requiring notice of default thirty days prior to initiating foreclosure. Finding physical possession of the license
essential to the right to sell liquor,[Footnote 1] and interpreting that right as personal property, the trial court held
Pacific's removal of the license "a distinct act of dominion wrongfully exerted over plaintiff's personal property," constituting
conversion. Schieche v. Pasco, 88 Idaho 36, 395 P.2d 671 (1964); Carver v. Ketchum, 53 Idaho 595, 601, 26 P.2d 139 (1933).
We do not review the finding that removal of the license was a tortious act. Rather, we accept that finding arguendo, and
proceed to the issues of actual damages and proximate cause by which the case is controlled.