Schultz v. General Motors Acceptance Corp.

I concur in result only. I cannot subscribe to the majority opinion because it assumes rather than decides the key question: Who had the burden of proving a commercially reasonable sale? Obviously, if the lender had no burden, the fact that the summary judgment affidavit omitted all information as to the time, place and manner of sale is immaterial.

In addition to the affidavit discussed by the majority opinion, the record contains GMAC’s answers to Schultz’s interrogato*799ries. They reflect that GMAC later sold the tractors to itself at a “public sale” where the only bid received was made by…