Cole v. First Nat. Bank of Tuskaloosa

This is an appeal from a summary judgment in favor of the First National Bank of Tuskaloosa. We reverse.

Fannie Cole of Birmingham purchased a 1977 Cadillac Seville from Barkley Pontiac-Cadillac, Inc., of Tuscaloosa on June 27, 1983. The purchase price was $9,230.10. Cole made a down payment of $3,000.00. The balance was financed under a security agreement with Barkley over a period of thirty months, the first payment to be made on August 8, 1983. Barkley assigned the security agreement to the First National Bank of Tuskaloosa on June 28, 1983, under a contract with the Bank dated September 2,…