Gerald McKenzie v. Mark Olmstead, d/b/a World Cargo and Tailwind Trailers

Olmstead is a merchant in the business of selling trailers and
operates a sole proprietorship known as World Cargo. His
principal place of business is in St. Croix Falls, Wisconsin.
During the winter of 1996-97, he also sold trailers from a site
in Elk River, Minnesota.

Olmstead testified that McKenzie called him toward the end of
January 1997, ordered a custom-made trailer, and mailed him a
check. The trailer was manufactured and shipped to the Elk River
site three weeks later as part of a larger shipment. Olmstead
transported the other trailers in the shipment to his St. Croix
Falls office, but left McKenzie's trailer at the Elk River site
because the parties had agreed that McKenzie would pick the
trailer up there. The trailer was kept within a locked, fenced
area at the site.

Olmstead testified that the trailer was left at the Elk River
site for more than a month and that he attempted to reach
McKenzie a number of times to let him know that the trailer was
ready. When McKenzie finally returned Olmstead's call, Olmstead
told McKenzie that the trailer could be picked up any Tuesday or
Thursday before 6:00 p.m.

Olmstead testified that McKenzie suggested the trailer be left
outside the fence, but that Olmstead indicated to McKenzie
several times that he preferred not to leave the trailer outside
the fence because it was an unsecured area. Olmstead further
testified that McKenzie suggested using a coupler lock, but that
Olmstead had to explain that such a lock could not be placed on
this particular type of trailer and that he could only chain the
tires. Olmstead testified that he was acting at McKenzie's
direction when he chained the trailer and left it outside the
fenced area on Thursday, April 3, 1997.

McKenzie's version of the parties' conversation differed slightly
from Olmstead's. McKenzie testified that Olmstead was the one who
suggested that the trailer be left outside the fenced area and
that when McKenzie raised the possibility of the trailer being
stolen, Olmstead explained that he would secure the trailer with
a "ball coupler lock" and chain. At trial, McKenzie described
this type of lock as a theft-proof device that would destroy the
hitch if anyone tried to remove it without a key.

When McKenzie arrived to pick up the trailer on Sunday, April
6, it was gone. McKenzie testified that when he contacted
Olmstead the next day, Olmstead told him the trailer must have
been stolen and that McKenzie should contact the police.

Defendant's verdict.

Unknown

Unknown

Affirmed by the Court of Appeals of Minnesota. See: 587 N.W.2d 863 (Minn.App. 1998). The date shown above is the date of the appellate court decision and not the trial date.