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ROOT v. JOHN DEERE COMPANY OF INDIANAPOLIS, INC.

413 S.W.2d 901 (1967)

Lester C. ROOT, Appellant, v. JOHN DEERE COMPANY OF INDIANAPOLIS, INC., Appellee.

Court of Appeals of Kentucky.

Rehearing Denied May 12, 1967.

Attorney(s) appearing for the Case

Sutton & Martin, Corbin, for appellant.

James E. Thompson, Richmond, for appellee.

STEINFELD, Judge.

This is an action to collect the balance of a debt. Summary judgment was entered for the creditor. The debtor appeals.

Lester C. Root bought a tractor and accessories for a total price of $13,400.00 from Anderson Sales and Service, a dealer. He paid $3,702.00 in cash and entered into a "Time Sale Agreement" in which he agreed to pay the balance in monthly installments. Among other things this agreement provided that it "replaces and has precedence...

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