Martin v. Dorn Equipment Co., Inc.

John and Peggy Martin appeal from the October 24,1990, order of the Sixth Judicial District Court, Park County, granting the motion of Dorn Equipment Company, Inc., and Sperry-New Holland (collectively, the respondents) for summary judgment. We affirm in part and reverse and remand in part.

The issues raised on appeal are whether the District Court erred in granting summary judgment by:

1. Failing to consider the deposition of Richard Jeppson;

2. Concluding as a matter of law that no breach of the peace occurred during a repossession; and

3. Finding that no material facts exist to support the…