BATTISTA v. SAVINGS BANK OF BALTIMORE

No. 1057, September Term, 1985.

67 Md. App. 257 (1986)

507 A.2d 203

JACQUELINE BATTISTA v. SAVINGS BANK OF BALTIMORE.

Court of Special Appeals of Maryland.

April 9, 1986.


Attorney(s) appearing for the Case

Bradford G.Y. Carney (Matthew B. Ruble and Callahan, Calwell and Laudeman, on brief), Baltimore, for appellant.

Donna Hill Staton (Deborah E. Jennings and Piper & Marbury, on brief), Baltimore, for appellee.

Argued before ADKINS, BLOOM and ROBERT M. BELL, JJ.


ADKINS, Judge.

The basic issue presented in this appeal is: was there a jury question on the issue of whether appellee, Savings Bank of Baltimore, had waived its right to repossess the Honda automobile of appellant, Jacqueline Battista? Battista says the Bank's frequent acceptance of late payments without repossession provided sufficient evidence to take the waiver issue to the jury. The Bank argues to the contrary, emphasizing the presence of an anti-waiver provision...

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