In May 1990, Gerald Gaucher entered into a Retail Installment Contract and Security Agreement with Cold Springs

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In May 1990, Gerald Gaucher entered into a Retail Installment Contract and Security Agreement with Cold Springs RV Corp. This agreement provided for the purchase of a travel trailer. In the agreement, Gaucher agreed to pay $320 a month for seven years and granted Cold Spring a security interest in the trailer. The agreement also stated that Gaucher’s failure to make a timely payment would be considered default and would result in Cold Springs’ repossession of the trailer. Gaucher’s payments were not timely. After various payment failures for a year and a half, Cold Springs notified Gaucher that it would repossess the trailer unless it received full payment. Cold Spring repossessed the trailer and sold it without giving Gaucher notice of the sale. Gaucher brought a suit against Cold Springs for violating the Uniform Commercial Code. The trial court ruled in favor of Gaucher, ruling that the trailer was a consumer good. Cold Springs appealed. How do you think the court decided on appeal? 

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Dynamic Business Law The Essentials

ISBN: 978-0078023842

3rd edition

Authors: Nancy K. Kubasek, M. Neil Browne, Daniel J. Herron, Lucien Dhooge Sue

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