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Mason Logging Co. v. General Elec. Capital Corp.

Conflicting evidence of the value of the repossessed and resold property was sufficient to preclude summary judgment, since the evidence had probative value.

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Mason Logging Company “Mason Logging” appeals the trial court’s grant of summary judgment in favor of General Electric Capital Corporation “GECC”, contending that the trial court erred in holding that there were no genuine issues of material fact for a jury and making an express determination that GECC’s evidence was more credible. Because we agree with Mason Logging that genuine issues of material fact remain, we reverse the trial court’s judgment in favor of GECC.1

Viewed in the light most favorable to the nonmovant,2 the record reflects that GECC repossessed two pieces of heavy logging equipment after Mason Logging defaulted on payments for same. GECC then resold the equipment and sought to recover the deficiency from Mason Logging. In response, Mason Logging challenged the commercial reasonableness of the equipment-sale in both its answer to GECC’s complaint for breach of contract and attorney fees and in its response to GECC’s subsequent motion for summary judgment.

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