# BRYAN'S CAR CORNER, INC. v. MANGUM

> Court of Civil Appeals of Oklahoma · December 15, 2016 · 390 P.3d 982

URL: https://www.frixlaw.com/law-library/cases/9878284

## Case

- **Full name:** BRYAN’S CAR CORNER, INC., an Oklahoma Corporation D/B/A Bryan’s Car Corner III, Petitioner/Appellee, v. Jacky MANGUM, D/B/A Mangum Auto Sales, Respondent/Appellant, and Pacer Cook, Respondent
- **Court:** Court of Civil Appeals of Oklahoma
- **Decided:** December 15, 2016
- **Citations:** 390 P.3d 982; 2017 OK CIV APP 10; 2016 Okla. Civ. App. LEXIS 64; 2016 WL 8377117
- **Precedential status:** Published
- **Opinion:** Dissent by Goodman
- **Judges:** Fischer, Wiseman, Goodman
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

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- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9878284

## Opinion text

GOODMAN, C.J.,
dissenting:
¶ 1 I respectfully dissent. Mangum Auto Sales presented a ten-day payoff statement to Bryan’s Car Comer, Inc., on October 6, 2011, in the amount of $8,865.44. It is undisputed that more than ten days elapsed without tender of the amount specified. As a result, Bryan’s had a duty to make further inquiry to ascertain a new payoff amount. Although the testimony at trial was conflicting, the record provides Bryan’s contacted Mangum on October 21, 2011, and was told the 10-day payoff amount was actually $10,720.40. 1 1 The parties subsequently spoke on or about October 25, 2011, to discuss the discrepancy between the two payoff amounts and to attempt to reach a mutually acceptable resolution. Contrary to the majority’s assertion, therefore, it is undisputed Bryan’s knew the correct payoff amount was $10,720.40 prior to tendering the $8,865.44 to *991 Mangum on October 28, 2011. Accordingly, Bryan did not tender to Mangum “a sum not less than the amount then due on a specified debt or obligation.” See Davidson v. Rogers, 1970 OK 114, ¶ 15 , 471 P.2d 455 . I would therefore reverse the trial court’s order requiring release of Mangum’s security interest in the vehicle and the subsequent award of a prevailing party attorney’s fee to Bryan.
. The record alternatively provides $ 10,720.44.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9878284. Public record. Not legal advice.