WALTER J. HIEB SAND & G., INC. v. UNIVERSAL C.I.T. CR. CORP.


332 S.W.2d 619 (1959)

WALTER J. HIEB SAND & GRAVEL, INC., Appellant, v. UNIVERSAL C. I. T. CREDIT CORPORATION, Appellee (three cases). UNIVERSAL C. I. T. CREDIT CORPORATION, Appellant, v. Ella EDINGER et al., Partners, D/B/A J. Edinger & Son, Appellee.

Court of Appeals of Kentucky.

As Modified and Extended on Denial of Rehearing March 18, 1960.


Attorney(s) appearing for the Case

James B. Young, James P. Hancock, Louisville, for Hieb.

Louis H. Jull, Wilbur Fields, Louisville, for Universal.

Glenn L. Schilling, Louisville, for Edinger.

C. E. Schindler, Louisville, Ky., amicus curiae for Commercial Credit Corp.


MILLIKEN, Judge.

While there are several collateral questions raised in this consolidated litigation, the determinative questions presented pertain to the rights of creditors as among themselves and the validity of a waiver of defense provision in conditional sales contracts.

In the summer of 1956 the Walter J. Hieb Sand & Gravel, Inc., of Louisville bought ten trucks from Reo Motors, Inc., of Lansing, Michigan, through Reo's branch office in Indianapolis...

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