Weinberg/Matheson Equities, Inc. v. Charles S. Martin Distributing Co.

Banke, Chief Judge.

The appellee sued the appellant seeking either to reclaim possession or to recover the purchase price of certain appliances and furnishings it had sold to the previous owner of an apartment complex now owned by the appellant. We granted an interlocutory appeal from the denial of the appellant’s motion for summary judgment.

The appellant purchased the apartment complex at a foreclosure sale held on November 6, 1984, pursuant to the power-of-sale provisions contained in a deed to secure debt recorded on September 27, 1983. The defaulting debtor, i.e., the prior owner,…