Tuloka Affiliates, Inc. v. Moore

Harwell, Justice:

Albert W. and Margaret Moore appeal the decision of the trial judge granting respondent Tuloka Affiliates, Inc. summary judgment on appellants’ counterclaim. We reverse.

The Moores bought a mobile home under an installment plan and gave a purchase money mortgage to secure the transaction to the seller. The seller then transferred its interests to Tuloka Affiliates, Inc. Tuloka subsequently commenced an action in claim and delivery against the Moores alleging default in payments under the contract.

During the course of pleadings, the Moores filed within their amended answer, a…