This section contains the nature of the case and procedural background.

In January 1978, Battista (P) purchased a Honda Civic by a retail installment sales agreement. The car dealership assigned that contract to the Savings Bank of Baltimore (D). P made several monthly payments late, and the bank accepted these until October 1980 when it repossessed the car when the August and September payments were overdue. This was due to the fact that P was disabled and the insurance company was to make the payments and did so at first in an untimely manner and later only when the disability was reconfirmed by a doctor every thirty days. D was aware of the situation. The account was then brought current, and advance payments were made, and D initially refused to return the car upon P's request. Eventually, the car was returned, and P sued D for conversion, negligence, and breach of contract. P got a verdict of $9,000 and D filed judgment n.o.v. and the court granted it, and P appealed.

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