Legal Opinion

Industrial Valley Bank & Trust Co. v. Sharpe

Pennsylvania Court of Common Pleas, Philadelphia County

Decided August 27, 1980No. 3368Published

1Opinion of the Court

FORER,J.,

— This is an action in assumpsit to recover a deficiency balance due under a Motor Vehicle Installment Sales Contract (MVISC). The matter had been heard by the late *508Judge G. Fred DiBona.1 It was submitted to the writer on an agreed statement of facts. The only issue before this court is whether the four year statute of limitations under the Uniform Commercial Code, 13 Pa.C.S.A. §2725, or the six year statute of limitations under the Judicial Code, 42 Pa.C.S.A. §5527(2), is applicable. It is a question of first impression in Pennsylvania courts.

Although the MVISC is dated June 30,…

2Cases cited5 opinions

  1. Swarb v. LennoxDistrict Court, E.D. Pennsylvania · 1970
  2. Associates Discount Corporation v. PalmerSupreme Court of New Jersey · 1966
  3. Citizen's National Bank of Decatur v. FarmerAppellate Court of Illinois · 1979
  4. Massey-Ferguson Credit Corp. v. CasaulongCalifornia Court of Appeal · 1976
  5. Continental Ill. Nat. Bank & Trust Co. v. HolmesDistrict Court, M.D. Pennsylvania · 1937

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