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FOUNDATION DISCOUNTS, INC. v. SERNA

No. 8874.

468 P.2d 875 (1970)

81 N.M. 474

FOUNDATION DISCOUNTS, INC., Plaintiff-Appellant, v. Ray V. SERNA, Defendant-Appellee.

Supreme Court of New Mexico.

May 11, 1970.

Attorney(s) appearing for the Case

Shipley, Durrett, Whorton & Conway, Thomas A. Sandenaw, Jr., Alamogordo, for appellant.

George L. Zimmerman, Alamogordo, for appellee.

OPINION

JOE ANGEL, District Judge.

Plaintiff and defendant entered into a DEALER AGREEMENT which provided for the financing of vehicles to be secured by conditional sales contracts. Defendant sold an automobile and trailer, and the installment contract was assigned to plaintiff. Upon default by the purchaser, plaintiff repossessed the collateral, sold it at public auction, then brought suit to recover from defendant a deficiency judgment. The trial court...

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