Stone Machinery Co. v. Kessler

Stone Machinery Co. (Stone Machinery) (plaintiff) sold a tractor to Frank Kessler (defendant), which Kessler largely agreed to pay for in installments. Kessler missed a payment. Accordingly, Stone Machinery sent its credit manager, Richard Kazanis, to Kessler’s ranch to demand payment or immediate possession of the tractor. In response, Kessler told Kazanis that he could not pay, and he would not surrender possession of the tractor until Stone Machinery proved its right to repossession through proper judicial proceedings. Kessler also warned Kazanis that “someone would get hurt” if Stone Machinery impermissibly tried to repossess the tractor. Kessler further informed Kazanis that Kessler may have the money soon because he expected to perform work using the tractor for the U.S. Bureau of Fisheries (USBF). Stone Machinery subsequently filed suit in Asotin County, Washington, seeking to repossess the tractor. Stone Machinery experienced service-of-process issues, and the Asotin County sheriff could not locate the tractor, so Stone Machinery filed another lawsuit in Garfield County. The Garfield County sheriff could not locate the tractor either. Kazanis eventually found the tractor in Wallowa County, Oregon, where Kessler took it to perform the work for USBF. Kazanis contacted the Wallowa County sheriff to request the sheriff’s presence during Stone Machinery’s retaking in case Kessler became violent. The sheriff agreed after reviewing the contract and confirming that the law supported Stone Machinery’s right to repossession without force. The sheriff drove to the scene in his official car, wearing full uniform. At the scene, the sheriff told Kessler that Stone Machinery could lawfully repossess the tractor and stated, “We come to pick up the tractor.” Kessler objected but did not physically resist because he believed that he could not lawfully refuse the sheriff’s orders. Stone Machinery’s agents repossessed and sold the tractor. Kessler filed a cross-complaint, alleging that Stone Machinery wrongfully and maliciously repossessed the tractor. The trial court found that the sheriff’s aid amounted to constructive force and ruled in Kessler’s favor.