HARRIS V. PETERS
653 N.E.2d 1274 (1995)
NATURE OF THE CASE: Harris (P) appealed from an order dismissing with prejudice his
action against Peters (D).
FACTS: P entered into a lease agreement with U.B. The car was totaled in a collision with
D's vehicle. D's insurer tendered Pa check for the fair market value of the Audi. P endorsed
the check over to UB, which under the terms of the leasing agreement applied the funds
toward paying the balance due it under the agreement's terms. UB filed a complaint against
P, seeking $5,560.48 remaining on the lease. P filed his answer to UB's complaint and a
two-count third-party complaint against D and his insurer seeking judgment in an amount
equivalent to any judgment which might be entered against P in the underlying UB action. P
in essence wanted more than fair market value for the car. Ds filed a motion to dismiss the
third-party complaint and it was granted. P appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
Get
free access to the entire content for Mac, PC or Online
for 2-3 days and free samples
of all kinds of products.
for 2-3 days and free samples of all kinds of products.
https://bsmsphd.com
© 2007-2016 Abn Study Partner
No comments:
Post a Comment