Standridge purchased a Chevrolet automobile from Billy Deavers, an agent of Walker Motor Company. According to the

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Standridge purchased a Chevrolet automobile from Billy Deavers, an agent of Walker Motor Company. According to the sales contract, the balance due after the trade-in allowance was $282.50, to be paid in twelve weekly installments. Standridge claims that he was unable to make the second payment and that Billy Deavers orally agreed that he could make two payments the next week. The day after the double payment was due, Standridge still had not paid. That day, Ronnie Deavers, Billy’s brother, went to Standridge’s place of employment to repossess the car, which the Walker Motor contract permitted. Rather than consenting to the repossession, Standridge drove the car to the Walker Motor Company’s place of business and tendered the overdue payments.
The Deaverses refused to accept the late payment and instead demanded the entire unpaid balance. Standridge could not pay it. The Deaverses then blocked Standridge’s car with another car and told him he could just ‘‘walk his home.’’ Standridge brought suit, seeking damages for the Deavers’s wrongful repossession of his car. The Deaverses deny that they granted Standridge permission to make a double payment, that Standridge tendered the double payment, and that they rejected it. They claim that he made no payment and that, therefore, they were entitled to repossess the car. Discuss whether the car was properly repossessed.

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Smith and Roberson Business Law

ISBN: 978-0538473637

15th Edition

Authors: Richard A. Mann, Barry S. Roberts

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