Neil B. McGinnis Equipment Co. v. Henson

STEVENS, Chief Judge.

This action is concerned with the Uniform Conditional Sales Act. The McGinnis Company, the conditional seller, filed suit against Mr. and Mrs. Henson, the condi tional buyers, seeking judgment for a claimed deficiency. Mr. and Mrs. Henson filed a counterclaim urging that the resale was not conducted as required by law and in their counterclaim sought damages for the statutory 25%. The facts in relation to the counterclaim are not in dispute. The parties filed their respective motions for summary judgment in relation to the counterclaim and the trial court resolved the…