Herman Ford-Mercury, Inc. v. Betts
Decision Date | 16 March 1977 |
Docket Number | INC,No. 58131,FORD-MERCUR,58131 |
Citation | 251 N.W.2d 492 |
Parties | 21 UCC Rep.Serv. 684 HERMAN, Appellee, v. Glenn BETTS and Duane Betts, Appellants. |
Court | Iowa Supreme Court |
Warren L. Bush, Wall Lake, for appellants.
William G. Polking, Carroll, for appellee.
Heard before MOORE, C. J., and MASON, RAWLINGS, LeGRAND and UHLENHOPP, JJ.
This appeal by defendants Glenn and Duane Betts is from an adverse judgment entered in a law action tried to the court. Plaintiff, Herman Ford-Mercury, Inc., an automobile dealership in Carroll, Iowa, brought an action against defendants seeking to recover the balance due on an installment contract for the purchase of an automobile from plaintiff. Defendants in answer denied generally the allegations of plaintiff's petition and asserted a counterclaim in three divisions seeking recovery for breach of implied warranty of fitness for purpose of defendants' intended use and breach of merchantability.
The trial court found defendants had failed to establish their right to recover under their counterclaim and awarded plaintiff judgment against them in the amount of $1000.
Defendants limited the scope of their appeal to the judgment ordering them to pay plaintiff $1000.
I. In a law action tried to the court, as here, review in this court is not de novo but only on errors assigned. Rule 334, Rules of Civil Procedure. Under this limited extent of review the findings of fact by the trial court have the effect of a special verdict and are equivalent to a jury verdict. If supported by substantial evidence and justified as a matter of law, they are binding on us and the judgment will not be disturbed on appeal.
Further, we must construe the evidence in the light most favorable to the trial court's judgment, and this court will not weigh the evidence or pass on the credibility of the witnesses.
However, this rule does not preclude inquiry into the question whether, conceding the truth of a finding of fact, a conclusion of law drawn therefrom is correct, nor does it apply if, in arriving at a finding, the trial court erred in its ruling on evidence or in any other respect upon questions of law which materially affect that decision. Whewell v. Dobson, 227 N.W.2d 115, 117 (Iowa 1975).
II. The only issue presented herein is whether a secured party who has failed to give reasonable notification of the sale of repossessed property and has conducted such sale in a commercially unreasonable manner is entitled to recover any deficiency from the defaulting purchaser.
III. The facts giving rise to this lawsuit commenced August 24, 1973, when plaintiff sold a used automobile to defendants. Subsequently, the parties entered into an installment contract in order to finance the purchase of said automobile.
The trial court's findings of fact are not disputed herein and in pertinent part were as follows:
The trial court also found that plaintiff had not given reasonable notification to defendants of the sale as required by section 554.9504(3), The Code, 1973.
The following portion of the trial court's findings is pertinent to this appeal:
Although the petition sought recovery of $2,881.99, no cross-appeal is presented by plaintiff.
IV. The following statutory provisions are relevant to the issue presented.
Section 554.9504(3), The Code, 1973, provided in part:
It is further provided in the following portion of section 554.9507(1), The Code, that:
The trial court found, and it is not disputed herein, that plaintiff had not complied with the notification and commercial reasonableness requirements of section 554.9504(3). The only question presented by this appeal is whether, under the circumstances, section 554.9507(1) precludes plaintiff from...
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