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PEAVY'S SEV. CTR., INC. v. ASSOCIATES FIN. SERV. CO. INC.

Civ. 744.

335 So.2d 169 (1976)

PEAVY'S SERVICE CENTER, INC. v. ASSOCIATES FINANCIAL SERVICES COMPANY INC. and Carroll Kenworth Truck Sales, Inc.

Court of Civil Appeals of Alabama.

Rehearing Denied June 2, 1976.

Attorney(s) appearing for the Case

Philip Dale Segrest, Montgomery, for appellant.

Bruce J. Downey, III, Montgomery, for appellees.

WRIGHT, Presiding Judge.

This case concerns the difficulties associated with a 1973 Kenworth diesel truck. The facts, as stipulated pursuant to Rule 10(e), ARAP, are as follows: Carroll Kenworth Truck Sales sold the truck to W. O. Barton on November 22, 1972. The sale was upon a conditional sales contract by which Carroll retained a security interest. Carroll assigned the contract to Associates Financial Services Co., Inc., which duly perfected its security interest...

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