Schmode's, Inc. v. Wilkinson

Defendants-appellants, Mary and Ronald Wilkinson, doing business as M & R Trucking, challenge the deficiency judgment entered against them, jointly and severally, under Neb. U.C.C. art. 9 (Reissue 1980), in favor of the plaintiff-appellee, Schmode’s, Inc., a Nebraska corporation. Among the Wilkinsons’ assignments of error is the failure of the trial court to find that Schmode’s elected to retain the collateral in satisfaction of the Wilkinsons’ obligation. The record sustains that assignment, making it unnecessary that we address the remaining assignments. We reverse, remand, and direct that…