Lisbon Diesel & Supply, Inc. v. Clement

Plaintiff-appellant on February 7, 1958, sold to defendant-appellee a J. I. Case Highlift Tractor for $10,721.-52, accepting therefor a down payment, and an installment note, secured by a chattel mortgage, and containing a cognovit provision. In due course the vendee voluntarily redelivered the chattel to the vendor who sold it, without giving the notice described in Section 1319.07, Revised Code, and then took judgment by confession against the defendant for the deficiency.

Defendant moved to vacate and answered, alleging that the judgment was for a deficiency and could not be taken in the…