Farm Equipment Creditor Entitled to Foreclosure and Attorney Fees.

The appellant purchased a utility tractor and a rotary cutter from an implement dealer for a combined total of $13,600. She made a $3,000 cash down payment and signed a bill of sale. When the implement company delivered the equipment to the appellant, she was incarcerated. Another party, acting pursuant to a power of attorney signed a retail installment contract obligating the appellant to pay the creditor $275 per month under the contract.  The appellant made payments for three years, but stopped paying when the remaining balance was $4,788.45. The creditor filed a breach of contract action, seeking the balance due, attorney fees, and permission to foreclose on the equipment. The trial court entered summary judgment in favor of the creditor, and the court affirmed. Although the appellant argued that she had not granted a valid power of attorney to the person who signed the contract, the court disagreed. There was sufficient evidence to establish that the signatory acted under proper authority. The trial court also did not err in finding that appellant’s purchase of the equipment was for commercial purposes and thus was outside the scope of the arbitration clause in the agreement.  Morris v. Deere & Co., No. 11-12-00079-CV, 2014 Tex. App. LEXIS 5574 (Tex. Ct. App. May 22, 2014).