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WALKER v. WALTHALL

No. 1 CA-CIV 3878.

121 Ariz. 121 (1978)

588 P.2d 863

Allen WALKER and Jacque Walker, husband and wife, d/b/a Chino Trading Company, Appellants Cross-Appellees, v. Bruce O. WALTHALL and Rebecca Walthall, husband and wife, Appellees Cross-Appellants.

Court of Appeals of Arizona, Division 1, Department C.

December 18, 1978.

Attorney(s) appearing for the Case

Jensen & Sult by Christopher Jensen, Prescott, for appellants.

Law Offices of Charles Anthony Shaw by Charles Anthony Shaw and Harry M. Lane, Jr., Prescott, for appellees.

OPINION

NELSON, Judge.

This is an appeal from a trial court order granting a summary judgment which affirmed the action of a creditor implementing a self-help repossession under A.R.S. § 44-3149.

The facts are essentially undisputed. Bruce Walthall, appellee-cross appellant (Walthall), purchased a 1971 Buick automobile from Allen Walker, appellant-cross appellee (Walker) on May 14, 1976 by paying a portion of the cost as down payment and agreeing...

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