Lutz v. Midland Discount Corp.

This is an action by a mortgagor of an automobile against a transferee of the mortgage and note to recover the fair value of the mortgaged automobile which the defendant had sold under the power of sale given to it in the mortgage, but without the mortgagor being given the notice required by Section 1319.07, Bevised Code.

The plaintiff alleged that she had no notice or knowledge of the time or place of sale and that the defendant failed to use due diligence to obtain a fair price for the automobile, and that although the automobile was worth $750, the defendant sold it for $100, to her damage…