Nelson v. Monarch Investment Plan of Henderson, Inc.

CLAY, Commissioner.

This is a suit to recover a balance due on a note executed by defendant appellant, Jack Nelson, for the purchase of an automobile. The defendant counterclaimed for damages on the ground plaintiff ap-pellee had sold the purchased vehicle for less than its market value and had failed to give defendant notice of the sale as required by KRS 355.9-504. The trial judge gave plaintiff summary judgment after giving defendant proper credit, and dismissed the counterclaim.

Defendant purchased the automobile on April 20, 1965, and executed his promissory note in the amount of…