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JOHN DEERE LEASING CO. v. FRAKER

No. 85-1218.

395 N.W.2d 885 (1986)

JOHN DEERE LEASING COMPANY, Appellee, v. Stanley L. FRAKER, Appellant.

Supreme Court of Iowa.

Rehearing Denied December 12, 1986.

Attorney(s) appearing for the Case

Alfredo G. Parrish and Elizabeth S. Kruidenier of Parrish & Kruidenier, Des Moines, for appellant.

Craig R. Hastings of Clark, Clark & Hastings, Ames, for appellee.

Considered by HARRIS, P.J., and McGIVERIN, WOLLE, LAVORATO, and NEUMAN, JJ.

WOLLE, Justice.

The plaintiff John Deere Leasing Company (Deere) repossessed from defendant Stanley Fraker a leased combine harvester, sold it at private sale for much less than Fraker owed, and obtained summary judgment for the $25,045.21 deficiency. We transferred the case to the court of appeals which upheld the summary judgment. Fraker contends his affidavit in resistance to Deere's motion for summary judgment generated a genuine issue of material fact concerning...

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