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VACURA v. HAAR'S EQUIPMENT, INC.

No. C8-83-990.

364 N.W.2d 387 (1985)

Jerald W. VACURA, et al., Appellants, v. HAAR'S EQUIPMENT, INC., et al., Defendants, Borg-Warner Acceptance Corporation, d.b.a. Borg-Warner Leasing, Appellants. ALLIS-CHALMERS CREDIT CORPORATION, et al., defendants and third-party plaintiffs, Respondents, v. Jim POHLMAN, Third-Party Defendant, ALLIS-CHALMERS CREDIT CORPORATION, et al., defendants, third-party plaintiffs and fourth-party plaintiffs, Respondents, v. Harry MARKS, Fourth-Party Defendant.

Supreme Court of Minnesota.

March 8, 1985.

Attorney(s) appearing for the Case

Bruce E. Goldstein, St. Paul, for Vacura.

Rolland Roers, Minneapolis, for Borg Warner.

Charles Zierke, Fairmont, for Allis-Chalmers.

Considered and decided by the court en banc without oral argument.

COYNE, Justice.

Jerald and Karen Vacura and Borg-Warner Acceptance Corporation appeal from an order of the Jackson County District Court awarding Allis-Chalmers Credit Corporation summary judgment in the amount of $66,017.35 against the Vacuras and from an earlier order summarily declaring that Allis-Chalmers holds a security interest, superior to the interest of any other party, in a farm tractor and disc. We reverse and remand.

Haar's Equipment, Inc., was...

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