Massey-Ferguson Credit Corp. v. Wiley

FITZPATRICK, District Judge.

Pending before the court is plaintiff’s motion for partial summary judgment. Plaintiff’s complaint alleges that defendant is indebted to plaintiff in the amounts of $15,528.14 and $18,080.12 on account of defendant’s default under the terms of two retail installment contracts and security agreements. Defendant admits that he is in default under the contracts, but alleges certain defenses for his nonpayment. With respect to the first contract (“Security Agreement 1”), defendant alleges that he did not receive the equipment listed as consideration in the security…