Lankheit v. Estate of Scherer

FLANIGAN, Chief Judge.

On January 10, 1989, appellant Lankheit sold, on credit, a new 1988 Plymouth automobile to Joe Scherer. Evelyn Scherer, Joe’s mother, was a co-signer with him on the “Retail Installment Contract and Security Agreement,” (the contract), executed on that date. The contract included an installment note in the principal amount of $19,-522.80, payable in 59 monthly installments of $325.38, beginning February 9, 1989. On June 23, 1989, Evelyn Scherer died.

Lankheit assigned the contract to a bank. The assignment was with recourse. In November 1989, the loan represented by the…