Garrett v. Holmes Tuttle Broadway Ford

MOLLOY, Judge.

In December of 1963, the appellant here, plaintiff below, purchased an automobile from the defendant, Holmes Tuttle Ford, and in connection therewith signed a conditional sales contract. He also signed a mortgage upon real estate in which he had an interest to secure the payments under the conditional sales contract.

In September of 1964, Holmes Tuttle brought a civil action against the appellant to foreclose the realty mortgage, alleging that there had been a deficiency upon the sale of the automobile which had been repossessed by the seller after failure to make payments under…