Tough Co. v. Wurlitzer
Plaintiff Tough Company, Inc. appeals from a judgment entered in favor of defendant George Wurlitzer after the trial court rejected its assertion that defendant had no right to repossess equipment he sold to plaintiff after plaintiff failed to pay in full.
On appeal, plaintiff contends (1) there was insufficient evidence to support the court’s finding defendant retained a security interest in one item of equipment, a bulldozer; and (2) as a matter of law, no security agreement could have been created under the circumstances. Plaintiff also contends the trial court erred in hearing its new trial motion in the absence of plaintiff’s counsel. We find no error, and affirm the judgment.
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