Smith v. Stewart's Mobile Homes, Inc.

496 F. Supp. 1258, 1980 U.S. Dist. LEXIS 13507
CourtDistrict Court, N.D. West Virginia
DecidedSeptember 16, 1980
DocketCiv. A. No. 78-0025-W(H)
StatusPublished

This text of 496 F. Supp. 1258 (Smith v. Stewart's Mobile Homes, Inc.) is published on Counsel Stack Legal Research, covering District Court, N.D. West Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Smith v. Stewart's Mobile Homes, Inc., 496 F. Supp. 1258, 1980 U.S. Dist. LEXIS 13507 (N.D.W. Va. 1980).

Opinion

MEMORANDUM OPINION AND ORDER

HADEN, District Judge.

Plaintiff, pursuant to Rule 56, Federal Rules of Civil Procedure, moved this Court for summary judgment against Defendants, Stewart’s Mobile Home Sales and Wells-burg National Bank. Settlement was reached between Plaintiff and Defendant Wellsburg National Bank by agreed order dated October 10, 1979. Defendant, Stewart’s Mobile Homes, brought a cross motion for summary judgment. After reviewing [1259]*1259the motions of the present Plaintiff and Defendant, memoranda supportive thereof, as well as the entire record of this case to date, this Court GRANTS summary judgment in favor of Defendant, Stewart’s Mobile Homes.

Plaintiff brought the present action complaining that she and a former husband purchased a mobile home on March 28,1975, which was misrepresented as to date of manufacture, as well as damaged and defective. An exhibit filed with the complaint shows that Plaintiff gave notice of rescission of the transaction on April 4, 1978. No action was taken thereafter by either Stewart’s Mobile Homes or Wells-burg National Bank.

At issue between the present Plaintiff and Defendant is whether the transaction complained of falls within the consumer safeguards of the Truth in Lending Act (hereinafter Act). 15 U.S.C. § 1601, et seq. There are no facts in dispute.

Plaintiff alleges in her complaint that she purchased a mobile home from Defendant “for the total cash price of Eight Thousand Three Hundred Eighty-nine Dollars and Thirty-five Cents ($8,389.35).” Also, Exhibit 1 of Plaintiff’s request for admission of facts and genuineness of documents from Defendant indicates that as between Plaintiff and Defendant there remained no unpaid balance after the initial sale. Finally, paragraph 4 of the supplemental affidavit of Plaintiff in support of motion for summary judgment states:

“That [Plaintiff] . . declined the offer of Thomas Stewart to arrange for their financing since they had purchased their previous mobile home through the Wellsburg National Bank, and they wished to continue to deal with that bank.”

Plaintiff contends that under the Act Defendant, as co-creditor with Wellsburg National Bank, had an obligation to disclose to her at the time of the sale that she had a right to rescind the transaction.

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Bluebook (online)
496 F. Supp. 1258, 1980 U.S. Dist. LEXIS 13507, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smith-v-stewarts-mobile-homes-inc-wvnd-1980.