Commercial Law Keyed to Lopucki
Maxwell v. Fidelity Financial Services, Inc
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- Topic: Identifies the topic of law and where this case fits within your course outline.
- Parties: Identifies the cast of characters involved in the case.
- Procedural Posture & History: Shares the case history with how lower courts have ruled on the matter.
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- Facts: What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case. Review the Facts of this case here:
Appellants purchased a solar home water heater for a total price of $6, 512 including installation. The heater was never installed correctly and never functioned properly. It was eventually declared a hazard, condemned, and ordered disconnected by the City of Phoenix. Appellants financed this purchase through a loan from Appellee. The total cost with interest was almost $15,000. The terms of the agreement secured the purchase price with a lien on the solar heater and a lien on the Appellants’ house. Appellants continued to make payments on the solar heater even though it was intrinsically worthless. After several years, Appellants took out a second loan in the amount of $800 for unrelated purposes. The financing agreement contained the same security provisions and charged an additional $313. Appellants continued to make payments until 1990, when they brought this suit seeking declaratory judgment.
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