Spears v. Huddleston

This is an action on a promissory note to collect an alleged balance of $1,548.71, in which defendants filed a counterclaim to recover the amount of an alleged overpayment of $3,706.56. The note was secured by a chattel mortgage on certain trucks and traders which were later repossessed and sold by plaintiff.

Defendants’ counterclaim alleged that plaintiff repossessed one of the trucks and trailers' on January 11, 1966, but did not sell them until “on or about January of 1969”; that “by reason of said repossession and sale the Plaintiff did not act as required by the terms of the Uniform…