HAYES v. RING POWER CORP.

No. AM-92.

431 So.2d 226 (1983)

N.G. HAYES, Jr., Appellant, v. RING POWER CORPORATION, a Florida Corporation, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied June 3, 1983.


Attorney(s) appearing for the Case

David LaCroix of Sieg, Comfort, Hawk, LaCroix & Reid, Gainesville, for appellant.

Paul M. Harden of Smith, Davenport, Bloom & Harden, Jacksonville, for appellee.


NIMMONS, Judge.

Appellant Hayes appeals from the entry of summary judgment in favor of appellee Ring Power Corporation in an action for a deficiency judgment following the repossession and sale of a D6C Caterpillar tractor. We reverse.

Hayes purchased a new Caterpillar tractor in December, 1980, from Ring Power Corporation, a heavy equipment dealer, for approximately $119,000 pursuant to a contract under which Ring Power retained a purchase money security...

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