Matthews v. Aluminum Acceptance Corp.

If ever the elements of a classic case involving an aluminum siding company and its subsequent assignee were before an appellate court, that case unravels here. It could be drawn from the files of almost any practicing lawyer or it might be the plaint of the next client in the waiting room. Suffice it to say that we have before us a case that sorely tries the postulates of judicial reasoning.

In this action to enjoin defendant from enforcing any claims against plaintiffs and from foreclosing the mortgage upon plaintiffs’ home, the questions on appeal are whether out-of-court statements made by…