Auffenberg Lincoln-Mercury, Inc. v. Wallace

DOERNER, Commissioner.

This is a suit on a note, secured by a conditional sales contract, executed and delivered by defendant in connection with his purchase of a station wagon from the plaintiff. The court below sustained defendant’s motion to dismiss plaintiff’s petition for failure to state a claim upon which relief could be granted, and after a trial without a jury, found for defendant in the sum of $1,406.25 on his counterclaim. Subsequent to the overruling of its motion for a new trial, plaintiff’s appeal followed in due course.

At the outset, we are confronted with an unusual problem…