Gallegos v. Stokes

593 F.2d 372 (1979)

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Gallegos v. Stokes

United States Court of Appeals for the Tenth Circuit
593 F.2d 372 (1979)

Facts

Inez Gallegos (plaintiff) purchased a truck from Mel Stokes (defendant), the manager of an automobile-sales company. Gallegos traded in her station wagon and sold some of her jewelry to make the down payment for the truck. Gallegos agreed to pay the remainder of the cost in monthly installments. Gallegos’s reasons for purchasing the truck included to transport herself, to carry her family and possessions, and to make money from selling fresh produce, although she did not have a business at the time. When Gallegos failed to pay the first monthly installment, the truck was repossessed, and her down payment was not returned. Gallegos sued Stokes, claiming that her transaction with Stokes was a consumer-credit transaction and that Stokes had violated the Truth in Lending Act (TILA), 15 U.S.C. § 1601 et seq. The trial court found in favor of Gallegos, and Stokes appealed.

Rule of Law

Issue

Holding and Reasoning (Logan, J.)

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