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WESTERN COACH CORP. v. REXRODE

No. 1 CA-CIV 4975.

130 Ariz. 93 (1981)

634 P.2d 20

WESTERN COACH CORPORATION, an Arizona Corporation, Plaintiff-Appellant, v. Harry H. REXRODE and Dorothy C. Rexrode, his wife and each of them, Defendants-Appellees.

Court of Appeals of Arizona, Division 1, Department B.

Rehearing Denied September 11, 1981.

Review Denied September 29, 1981.

Attorney(s) appearing for the Case

Steven L. Wasserman, Phoenix, for plaintiff-appellant.

Johnson, Shelley & Roberts by J. LaMar Shelley, Mesa, for defendants-appellees.

OPINION

JACOBSON, Judge.

Two principal issues are raised by this appeal: (1) Whether a seller under a secured transaction which assigns its seller's interest with recourse may maintain an action against the buyer under a theory of subrogation for payments made on the buyer's behalf, and (2) whether a guarantor who takes possession of a debtor's collateral is subject to the statutory requirements and liabilities imposed by A.R.S. § 44-3151(A).

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