Credit Alliance Corp. v. Timmco Equipment, Inc.

DOWNEY, Judge.

Credit Alliance Corporation (CAC), plaintiff in an action for replevin and to enforce a guaranty, appeals from a final judgment, entered after a bench trial, that denied it relief and awarded the defendant-counter-plaintiffs, Timmco Equipment, Inc. (Timmco), and Larry Timm $391,390.44 in damages.

Timmco purchased two dirt loaders from W.W. Williams Company of Florida. The *1103purchase price was partially financed through CAC. The first loader was purchased in June, 1979, for a financed price of $84,661.20, after a deduction for a tra-deín. The note and installment payment contract…