Hayes v. FIDELITY ACCEPTANCE CORPORATION

Banke, Judge.

The plaintiffs below, Rose Marie and Joe Hayes, appeal the grant of a directed verdict to the defendant, Fidelity Acceptance Corporation, in their action for wrongful repossession of an automobile. The evidence at trial consisted of the testimony of the plaintiffs to the effect that the defendant had agreed to accept certain late payments on the car but that it subsequently accelerated the loan and repossessed the vehicle in violation of this agreement. There was also evidence from which it could be inferred that the defendant had accepted late payments in the past.

Argued April…