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KUTCHE CHEVROLET v. ANDERSON BANKING

No. 29A05-9109-CV-287.

597 N.E.2d 1307 (1992)

KUTCHE CHEVROLET-Oldsmobile-Pontiac-Buick, Inc., Appellant-Defendant, v. ANDERSON BANKING Company, Appellee-Plaintiff.

Court of Appeals of Indiana, Fifth District.

August 24, 1992.

Attorney(s) appearing for the Case

Gregory L. Noland, Russell T. Clarke, Jr., Emswiller, Williams, Noland & Clarke, Indianapolis, for appellant-defendant.

Thomas M. Beeman, Busby, Austin, Cooper & Farr, Anderson, for appellee-plaintiff.

RUCKER, Judge.

In this summary judgment action we are called upon to determine whether a personal check is equivalent to a "cash down payment" in the context of a retail installment contract. We find a dispute of material fact exists and therefore reverse.1

Sophie and Richard Roweton, who are not parties to this action, entered into a retail installment contract with Kutche Chevrolet-Oldsmobile-Pontiac-Buick, Inc., (Dealership...

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