Diefenbaugh v. Rachow

This is an action for the collection of two debts. The first cause of action is based on an unsecured, written promissory note. The second regards plaintiffs’ attempt to recover a deficiency judgment for the balance due on a secured note after repossession of the collateral. The district court found plaintiffs were entitled to enforce the unsecured promissory note, but defendants were entitled to a partial setoff against plaintiffs’ claims. The district court dismissed the cause of action for the alleged deficiency due on the secured note because of plaintiffs’ failure to give defendants…