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KELLEY v. COMMERCIAL NATIONAL BANK

No. 55,064

235 Kan. 45 (1984)

678 P.2d 620

ELAINE HICKS KELLEY, Appellant, v. COMMERCIAL NATIONAL BANK, Appellee.

Supreme Court of Kansas.

Opinion filed March 24, 1984.

Attorney(s) appearing for the Case

Keith C. Sevedge, of Scott and Daily, Chartered, of Kansas City, argued the cause, and Kris L. Arnold, of the same firm, was with him on the brief for the appellant.

Richard T. Merker, of Wallace, Saunders, Austin, Brown & Enochs, Chartered, of Overland Park, argued the cause, and Leonard J. Schapker, of the same firm, was with him on the brief for the appellee.

The opinion of the court was delivered by

LOCKETT, J.:

Elaine Hicks Kelley, plaintiff, appeals from a summary judgment in favor of Commercial National Bank (Commercial). Commercial cross-appeals on the denial of a deficiency judgment against the plaintiff.

In February, 1980, the plaintiff, Elaine Hicks Kelley, purchased a new 1980 Toyota Corolla. A note for $7,836.48 was executed by Kelley. The note was subsequently assigned to Commercial. Under the...

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