Bawcom v. Allis-Chalmers Credit Corp.

FRANK Holt, Justice.

By conditional sales contracts, the appellant purchased certain farm equipment from appellee. Thereafter, appellee commenced a replevin action against appellant to repossess the equipment alleging delinquent payments on the unpaid balance. After giving notice of a proposed public sale to the highest bidder, appellee amended its complaint seeking a money judgment. After the auction, appellee filed a “Report of Sale” and prayed for a deficiency judgment. Appellant rr\oved to strike the amended complaint and “Report of Sale” on the theory of election of remedies.

The lower…