John Deere Leasing Co. v. Fraker

WOLLE, Justice.

The plaintiff John Deere Leasing Company (Deere) repossessed from defendant Stanley Fraker a leased combine harvester, sold it at private sale for much less than Fraker owed, and obtained summary judgment for the $25,045.21 deficiency. We transferred the case to the court of appeals which upheld the summary judgment. Fraker contends his affidavit in resistance to Deere’s motion for summary judgment generated a genuine issue of material fact concerning the commercial reasonableness of the private sale. We agree and therefore vacate the decision of the court of appeals, reverse…