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Contracts Keyed to Kuney
Williams v. Walker-Thomas Furniture Co.
Citation:
350 F.2d 445, 121 U.S. App. D.C. 315 (1965).ProfessorMelissa A. Hale
CaseCast™ – "What you need to know"
Facts
Between 1957 and 1962, the plaintiffs purchased furniture from Walker-Thomas. Both plaintiffs entered into an installment plan with Walker-Thomas to pay for their purchases. The payment contract provided that title to items sold would remain in Walker-Thomas until all payments were made and, in the event of plaintiffs’ default, Walker-Thomas could repossess the items. Moreover, the contract provided that a balance due would remain on all items purchased from Walker-Thomas until the total balance owed was paid in full. Therefore, each subsequent contract was secured by any prior purchases. On May 12, 1962, Thorne purchased various pieces of furniture from Walker-Thomas for $391.10. However, Thorne soon defaulted on his payments and Walker-Thomas sought to repossess all items he had purchased since 1958. On April 17, 1962, Williams bought a stereo for $514.95, but also defaulted and Walker-Thomas sought to repossess all items she had purchased since 1957.
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Defenses to Formation