Capital Bank & Trust Co. v. Lacey

WATKINS, Judge.

This appeal arises as the outgrowth of a decision of this court on January 21, 1980, in Nos. 13,032 and 13,033, Lacey v. Baywood Truck and Machinery consolidated with Capital Bank and Trust Company v. Lacey, which decision is reported in 381 So.2d 863. In that decision, we held that Capital Bank *563and Trust Company was entitled to a deficiency judgment on a note signed by Lacey to purchase a truck tractor and dump trailer, and assigned by the vendor, Baywood Truck and Machinery to Capital. We further held that Lacey was entitled to recover in quantum minoris from the vendor…