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J.I. CASE CREDIT CORP. v. FOSTER

No. C9-85-2171.

384 N.W.2d 610 (1986)

J.I. CASE CREDIT CORPORATION, Respondent, v. Virgil FOSTER, Defendant and Third Party Plaintiff, Appellant, v. PASKVAN FARM, TRACTOR AND CONSTRUCTION COMPANY, Third Party Defendant, Respondent.

Court of Appeals of Minnesota.

April 15, 1986.

Attorney(s) appearing for the Case

Jonathan R. Fay, David T. DeMars, DeMars, Turman & Johnson, Ltd., Fargo, for J.I. Case Credit Corp.

Richard P. Pearson, Walker, for appellant.

John A. Masog, Thomason, Larson & Masog, Park Rapids, for Paskvan Farm, Tractor and Const. Co.

Considered and decided by RANDALL, P.J., and PARKER, and FOLEY, JJ., with oral argument waived.

SUMMARY OPINION

FOLEY, Judge.

FACTS

This case arises out of the sale of a Case tractor by third-party defendant Paskvan Tractor Co. to appellant Virgil Foster. Foster was to pay $5,200 down and the balance in four annual payments. Paskvan assigned the purchase contract to respondent J.I. Case Credit Corporation. There were mechanical difficulties with the tractor, and Foster made no payments beyond the initial downpayment. Case Credit repossessed...

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