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PACCAR Fin. Corp. v. D&T Trucking Inc.

PACCAR Entitled to Default Judgment on Breach Claims Arising From Trucks' Purchase

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MEMORANDUM DECISION and ORDER On May 19, 2021, plaintiff PACCAR Financial Corp. (“PACCAR” or “plaintiff”) brought a three-count complaint against defendants D&T Trucking, Inc. (“D&T”) and David Wickwire (“Wickwire” and collectively “defendants”). Those three counts are: (I) breach of contract; (II) unjust enrichment; and (III) account stated. On March 10, 2017, D&T bought three trucks from nonparty Kenworth Sales Company (“Kenworth”). Dkt. 1 (“Compl.”) 8. The parties made the transaction official through a contract. Id. Obviously, that contract bound D&T as a party, but Wickwire also involved himself by executing a personal guaranty. Id. 17. According to the contract, D&T was required to make one down payment of $10,000, followed by sixty monthly payments of $6,623.73 beginning on April 24, 2017. Id. 9. Part of those monthly payments included a finance charge, which accrues daily at a yearly interest rate of 6.25 percent. Id.

10-11. The contract specifically notes that the timing of payments is at the heart of the contract, and that D&T’s failure to make timely payments would amount to a default. Compl. 12. In case that exact outcome came to pass, Kenworth was given a security interest in the trucks, which allowed it to seize and sell them, provided it gave defendants ten days’ notice. Id.

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