McBee v. Moody

WALTER, Justice.

McBee Motor Company sued James I. Moody for a deficiency judgment. In a non-jury trial, judgment was rendered that the plaintiff take nothing.

The parties will be designated as they were in the trial court. Plaintiff sold the defendant an automobile on October 12, 1959. The defendant, his wife and son continued to use and operate the automobile for a period of ten months and in August, 1960, returned the automobile to the plaintiff and asserted that they would make no further payments.

The defendant pleaded as a defense to plaintiff’s cause of action a full or partial failure of…