PEOPLES FINANCE & THRIFT COMPANY OF OGDEN v. PERRY

No. 13294.

516 P.2d 1400 (1973)

30 Utah 2d 282

PEOPLES FINANCE & THRIFT COMPANY OF OGDEN, a Utah corporation, dba Peoples First Thrift, Plaintiff and Appellant, v. Robert J. PERRY and Douglas Higgins, Defendants and Respondents.

Supreme Court of Utah.

December 12, 1973.


Attorney(s) appearing for the Case

Virginius Dabney of Moyle & Draper, Salt Lake City, for plaintiff and appellant.

David J. Knowlton, Salt Lake City, for defendants and respondents.


TUCKETT, Justice:

The plaintiff initiated these proceedings in the court below seeking to recover the balance due on a promissory note and to foreclose its interest in a security agreement covering a Chevrolet truck. The court awarded judgment on the note but decided that the plaintiff was not entitled to foreclose its interest in the security. The court in effect ruled that the plaintiff had to elect either to take a money judgment or possession of the security....

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