BROOME v. RODMAN FORD SALES, INC.


16 Mass. App. Ct. 183 (1983)

450 N.E.2d 633

JOSEPH L. BROOME vs. RODMAN FORD SALES, INC.

Appeals Court of Massachusetts, Suffolk.

June 21, 1983.


Attorney(s) appearing for the Case

Bradley C. Pinta for the defendant.

Richard B. Kirby for the plaintiff.

Present: HALE, C.J., ARMSTRONG, & KASS, JJ.


HALE, C.J.

The defendant, Rodman Ford Sales, Inc. (Rodman), appeals from a summary judgment in favor of the plaintiff, who, pursuant to G.L.c. 106, § 9-504(2), sought to recover a surplus realized on the disposition of the proceeds of the sale of an automobile following repossession. The sole issue raised is how the surplus after foreclosure should be computed.

The facts are undisputed to the following extent. On August 8, 1978, Rodman sold a 1976 Ford...

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