C & S MOTORS, INC. v. Davidson

Bell, Chief Judge.

Defendants’ motion for partial summary judgment was denied and certified for review. The motion was addressed only to the portion of the complaint alleging conversion of plaintiffs automobile by reason of an alleged wrongful repossession.

The pertinent facts are not in dispute. The plaintiff purchased an automobile from defendants under an instalment sale title retention contract containing this provision: "If any installment of the debt hereby secured be not paid when due, or should there be any breach or default by Buyer in any of the terms, conditions, representations,…