Associates Discount Corp. v. Smith's Windham Lincoln-Mercury Sales, Inc.

The trial court rendered a summary judgment for the defendant, and the plaintiff has appealed.

The defendant sold six tractors to a third party. Each transaction was separate and under an individual conditional sales contract called a “security agreement”. Each contract provided, in substance, that if the purchaser failed to pay any instalment when due, the seller, described as the “secured party”, might enter any premises where the vehicle was, take possession of it, sell it at public or private sale with or without notice, and bid at the sale. The contract defined the term “secured party” to…