John Deere Construction & Forestry Co. v. Mark Merritt Construction, Inc.

Phipps, Judge.

Mark Merritt Construction, Inc., and its president Mark Merritt, (the Merritts), financed their purchase of various pieces of construction equipment through installment loans payable to John Deere Construction & Forestry Company (Deere). After the Merritts defaulted on the loan payments, Deere repossessed the pieces of equipment, sold them at private sales for less than the sums due on the loans, and then brought this suit against the Merritts for a deficiency judgment. With supporting affidavits, both sides moved for summary judgment. Finding that Deere failed to carry its…