Ayers v. Yancey Brothers Co.

Quillian, Presiding Judge.

The instant appeal was taken: (1) from a judgment granting the plaintiff possession of certain property under a foreclosure proceeding for a sum claimed in the amount of $2,408.44 and (2) the subsequent overruling of the defendant’s motion for a new trial. The facts pertinent to consideration of this case are as follows.

The plaintiff, Yancey Bros. Company (Yancey), sold a Caterpillar "Traxcavator” and certain accessory equipment to the Dew-Moore Construction Company (Dew-Moore) on January 19, 1973 and retained a purchase money security interest under a security…