Mack Trucks, Inc. v. Edge

REDMANN, Judge.

The uncontradicted testimony and a “release” signed by the agent of Mack Financial Corporation (a corporate relation of plaintiff) and by defendant shows that the two mortgaged trucks were returned to plaintiff (through the financial corporation’s agent) about two months prior to their judicial seizure by plaintiff. Also un-contradicted is defendant’s and another witness’s testimony that the financial corporation’s agent promised that defendant would be released from further liability upon returning the trucks. We would therefore find plaintiff estopped from collecting the…