Legal Opinion

Bank of America v. J. & S. AUTO REPAIRS

Arizona Supreme Court

Decided January 16, 1985No. 17518-PRPublishedCited by 30 opinions

1Opinion of the Court

GORDON, Vice Chief Justice:

This petition for review arises out of a replevin action commenced by Bank of America to recover a 1977 Plymouth Voyager Van, upon which it held a purchase money lien. J. & S. Auto Repairs and the owner and operator thereof, James L. Loh meier, had filed a counterclaim against the bank seeking $4,400 for repair to the van claiming the bank was unjustly enriched in that amount.

The relevant factual and procedural background of this case follows. Bank of America entered into a conditional sales agreement with Thomas H. Duncan on June 8, 1977 for the purchase of a…

2Cases cited25 opinions

  1. MacNeil v. PerkinsArizona Supreme Court · 1958
  2. Fendler v. Phoenix Newspapers, Inc.Court of Appeals of Arizona · 1981
  3. Wetherbee v. GreenMichigan Supreme Court · 1871
  4. Barnum v. Rural Fire Protection CompanyCourt of Appeals of Arizona · 1975
  5. Clark v. WellsSupreme Court of Vermont · 1872

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3Cited by30 opinions

  1. Jeffs v. StubbsUtah Supreme Court · 1998
  2. Villareal v. State, Dept. of Transp.Arizona Supreme Court · 1989
  3. Kaplan v. Primerit Bank (In Re Kaplan)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1989
  4. Fogler v. Flindall (In Re Flindall)United States Bankruptcy Court, D. Arizona · 1989
  5. Coup v. Scottsdale Plaza Resort, LLCDistrict Court, D. Arizona · 2011

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