Cub Cadet Corp. v. Mopec, Inc.

VICTOR C. HOWARD, Judge.

Cub Cadet Corporation filed suit seeking a deficiency judgment and fraud damages against Mopec Corporation and its principals/guarantors, Russell and Shirley Martin, 1 after Cub Cadet repossessed and sold Mopec’s inventory of outdoor equipment that was supplied by Cub Cadet. Relying on the Southern District’s opinion in Textron Financial Corp. v. Trailiner Corp., 965 S.W.2d 426, 431-32 (Mo.App. S.D.1998), motion for rehearing and application for transfer denied, the trial court held that Cub Cadet’s failure to plead proper notice of sale under section 400-9.504(8) RSMo…