Schultz v. General Motors Acceptance Corp.

AKIN, Justice.

Richard Schultz appeals from a summary judgment rendered in a suit for the deficiency due on a secured debt. We hold that the trial court erred in granting summary judgment because appellee, General Motors Acceptance Corporation (“GMAC”), failed to establish its right to recover as a matter of law. Accordingly, we reverse the judgment of the trial court and remand the cause to that court.

In April 1978, Schultz purchased two highway truck tractors from a Chevrolet dealer under installment contracts. The contracts were then sold to GMAC. Schultz defaulted in April 1980, and in…