Deutz-Allis Credit Corp. v. Jensen

OPINION

PARKER, Judge.

Kenneth Jensen appeals from summary judgment awarding respondent Deutz-Allis Credit Corporation the difference between the sale proceeds of repossessed farm equipment and the amount Jensen owed under a breached lease agreement. Jensen claims that the repossession should have been mediated pursuant to statute and that the equipment was not sold in a commercially reasonable fashion. We affirm in part but reverse and remand for determination of whether Deutz-Allis met the duty to mitigate damages in selling the repossessed equipment.

FACTS

Jensen and Duetz-Allis Credit…