Commercial Law Keyed to Lopucki
Maxwell v. Fidelity Financial Services, Inc
Facts
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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