Hank's Auto Sales, Inc. v. Fisher

On February 16, 1970, the appellant, William Fisher, contracted with the appellee, Hank’s Auto Sales, Inc., to trade his 1964 Oldsmobile for a 1962 Chrysler and in so doing signed a cognovit note 1 which specified that the appellant owed the appellee a net balance of $453.19, payable in thirty monthly installments. When appellant defaulted, the appellee confessed judgment against him in the Cleveland Heights Municipal Court and that judgment was journalized on June 5, 1970.

Thereafter, on December 14, 1970, in a letter addressed to Hank’s Auto Sales, Inc., the appellant gave notice that he…