Uniform Commercial Code

807 Florida cases classified under this topic, plus 268 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort

• ITT Commercial Fin. Corp. v. DDD Appliance Serv. & Sales, Inc.
  509 So. 2d 341· Fla. 2d DCA· 1987-05-20 ·cited 6×
  The court held that a secured creditor is entitled to prejudgment replevin when a debtor defaults, even if the creditor fails to prove every allegation in its complaint.
• Barnett Bank OF Jacksonville, N.A. v. State of Fla. ex rel. the Dep't OF Ins.
  507 So. 2d 142· Fla. 1st DCA· 1987-05-05 ·cited 6×
  The court held that Barnett Bank demonstrated the mutuality of obligation necessary to establish the right to an offset under section 631.281, Florida Statutes, and that allowing the offset would not create an unlawful preference.
• Gathercrest v. First Am. Bank & Tr.
  805 F.2d 995· 11th Cir.· 1986-12-10 ·cited 6×
  The court held that a bank's failure to seasonably notify a customer of dishonored bills of exchange was the proximate cause of damages, and that damages should be measured by the foreign exchange rate at the time of the breach.
• Sally Beauty Co., Inc. v. Nexxus Prods. Co., Inc.
  801 F.2d 1001· 7th Cir.· 1986-09-26 ·cited 6×
  The court held that a merger of an exclusive distributor with a competitor of the supplier does not automatically constitute a breach of contract or improper delegation under the UCC.
• Whildon L. Moyer v. Citicorp Homeowners, Inc.
  799 F.2d 1445· 11th Cir.· 1986-09-22 ·cited 6×
  The dissenting judge holds that the contract's foreclosure notice provision is inconsistent with the DIDMCA and prior case law, and therefore the creditor is not entitled to federal preemption of state usury laws.
• United States v. Collingwood Grain, Inc.
  792 F.2d 972· 10th Cir.· 1986-06-03 ·cited 6×·via Uniform Commercial Code Article 9
  The court held that a financing statement for growing crops requires a description of the land concerned, but not necessarily a full legal description or the landowner's name, as long as it provides sufficient clues for reasonable identification.
• Int'l Minerals & Chem. Corp. v. Llano
  770 F.2d 879· 10th Cir.· 1985-08-09 ·cited 6×
  The court held that a supervening governmental regulation making a buyer's performance impracticable can trigger a contract's adjustment provision, excusing the buyer from its minimum purchase obligation, even if the buyer voluntarily complied with the regulation earlier than req
• S.T.S. Transp. Serv., Inc. v. Volvo White Truck Corp.
  766 F.2d 1089· 7th Cir.· 1985-07-02 ·cited 6×
  A unilateral clerical or mathematical mistake in a contract's price term, made despite reasonable care, can be grounds for rescission if the other party can be restored to their pre-contract position.
• First Maryland Leasecorp. v. The M/V Golden Egret
  764 F.2d 749· 11th Cir.· 1985-07-01 ·cited 6×·via Uniform Commercial Code Article 9
  The court held that FML's security interest attached to all six hulls due to cross-collateralization, that the mutual release was ineffective, that intervenors' watercraft liens were superior to FML's security interest, that a six-month statute of limitations applied to watercraf
• H.D. Fitzpatrick, Jr. v. Fed. Deposit Ins. Corp.
  765 F.2d 569· 6th Cir.· 1985-06-19 ·cited 6×
  A bank director's unperfected security interest in collateral for a loan to an affiliate is insufficient to meet statutory collateral requirements, and reliance on interested parties' representations regarding loan aggregation is not a valid defense against penalties for violatin
• United States v. Handy AND Harman
  750 F.2d 777· 9th Cir.· 1984-12-28 ·cited 6×
  A buyer who satisfies a debt by offsetting a pre-existing debt against the purchase price does not qualify as a buyer in ordinary course of business under UCC § 1201(9) and cannot take collateral free of a perfected security interest. However, such a buyer may still have priority
• United Chems., Inc. v. Welch
  460 So. 2d 540· Fla. 1st DCA· 1984-12-13 ·cited 6×
  The court affirmed a final judgment against United Chemicals for breach of two long-term forklift leases with Roy Welch, finding that United ratified the leases despite its claims they were void or month-to-month.
• Advance Process Supply Co. v. Litton Indus. Credit Corp.
  745 F.2d 1076· 7th Cir.· 1984-09-27 ·cited 6×
  A seller/guarantor who warrants proper filing remains liable for a creditor's negligent filing, as the warranty overrides any claim of impaired collateral.
• In re Maryville Sav. & Loan Corp. v. McDONALD
  743 F.2d 413· 6th Cir.· 1984-09-12 ·cited 6×·via Uniform Commercial Code Article 9
  The court held that UCC Article 9 applies to the security interest in the promissory notes but not to the security interest in the deeds of trust securing those notes.
• Contrail Leasing P'rs, Ltd. v. Consol. Airways, Inc.
  742 F.2d 1095· 7th Cir.· 1984-08-31 ·cited 6×·via Uniform Commercial Code Article 9
  The court held that the district court erred in calculating damages by failing to include accrued interest and propeller repair costs as deductible expenses for the secured creditor, and that the valuation of the collateral was not adequately supported. The case is remanded for r
• Delhomme Indus., Inc. v. Houston Beechcraft, Inc.
  735 F.2d 177· 5th Cir.· 1984-07-02 ·cited 6×
  The court held that the buyer's resale of the aircraft was inconsistent with revocation of acceptance and that insurance and finance charges were not recoverable incidental damages.
• The Cnty. OF Hennepin v. AFG Indus., Inc.
  726 F.2d 149· 8th Cir.· 1984-02-15 ·cited 6×
  The court held that the admission of settlement evidence was proper for impeachment, evidence of subsequent remedial measures was inadmissible to prove fraud, and the jury's verdict was not irreconcilably inconsistent.
• In re McCRARY'S Farm Supply, Inc. v. McCRARY'S Farm Supply, Inc.
  705 F.2d 330· 8th Cir.· 1983-04-22 ·cited 6×
  The court held that a public warehouse used as a distribution point and integral to the debtor's business operations constituted an additional place of business, making central filing sufficient to perfect security interests.
• Kinetics Tech. Int'l Corp. v. The Fourth Nat'l Bank OF Tulsa
  705 F.2d 396· 10th Cir.· 1983-04-14 ·cited 6×
  A bank's perfected security interest in a debtor's inventory attaches to goods delivered to the debtor for incorporation into a product, even if title remains with the supplier, and a sale of such goods in the ordinary course of the debtor's business is authorized, allowing the b
• Consol. Aluminum Corp. v. Bank OF Va. & Graf-Comm., Inc.
  704 F.2d 136· 4th Cir.· 1983-04-04 ·cited 6×
  Reasonable reliance on the mail by a letter of credit beneficiary, which results in late presentment, does not excuse strict compliance with the expiration date.
• Pontchartrain State Bank v. Poulson
  684 F.2d 704· 10th Cir.· 1982-08-04 ·cited 6×·via Uniform Commercial Code Article 9
  The court affirmed the decision, holding that the Bank failed to perfect its security interest because the financing statement did not bear the signature of the owner of the collateral.
• Ford Motor Credit Co. v. Hayden Harper, Jr.
  671 F.2d 1117· 8th Cir.· 1982-02-26 ·cited 6×·via Uniform Commercial Code Article 2
  A buyer's revocation of acceptance is justifiable when goods have a nonconformity that substantially impairs their value, even if the nonconformity stems from seller's repair failures rather than solely manufacturing defects.
• Chatlos Sys., Inc. v. Nat'l Cash Register Corp. Appeal of NCR Corp.
  670 F.2d 1304· 3d Cir.· 1982-01-15 ·cited 6×·via Uniform Commercial Code Article 2
  The district court erred in its calculation of damages for breach of warranty by relying on speculative expert testimony regarding the fair market value of a hypothetical computer system rather than the value of the goods as warranted. The contract price should serve as prima fac
• Cardinal Stone Co., Inc. v. Rival Mfg. Co.
  669 F.2d 395· 6th Cir.· 1982-01-14 ·cited 6×
  The court held that the express termination clause in the contract was not overridden by the UCC's implied duty of good faith, and the contract's limited remedy for termination was enforceable.
• Pemberton v. OvaTECH, Inc.
  669 F.2d 533· 8th Cir.· 1982-01-13 ·cited 6×
  The court held that while personal jurisdiction was proper, the award for loss of business reputation was not sufficiently proven and ordered remittitur.
• Thorp Commercial Corp. v. Northgate Indus., Inc.
  654 F.2d 1245· 8th Cir.· 1981-07-21 ·cited 6×·via Uniform Commercial Code Article 9
  The court held that a financing statement describing collateral as "assignment accounts receivable" is sufficient under Minnesota's Uniform Commercial Code to perfect a security interest in after-acquired accounts receivable, as it provides adequate notice to subsequent creditors
• In re Fashion Optical, Ltd. v. Gebetsberger
  653 F.2d 1385· 10th Cir.· 1981-07-14 ·cited 6×
  The court held that the fraudulent conveyance claim must be analyzed under the Uniform Fraudulent Conveyance Act, not the repealed statute, and that the true lease versus security interest determination requires evidence of the equipment's fair market value at the time of the pur
• Martin Marietta Corp. v. NEW Jersey Nat'l Bank
  653 F.2d 779· 3d Cir.· 1981-06-30 ·cited 6×
  The Third Circuit affirmed in part and remanded in part the district court's judgment. The court held that the sale of sand was not a bulk transfer and that the seller's retention of possession was not fraudulent. However, the court remanded the case to determine whether the buye
• Westinghouse Credit Corp. v. Shelton
  645 F.2d 869· 10th Cir.· 1981-04-09 ·cited 6×
  The court held that an anti-waiver clause in a contract is itself subject to waiver by the parties' course of performance, and whether such waiver occurred is a question of fact for the factfinder.
• Burk v. Emmick
  637 F.2d 1172· 8th Cir.· 1980-11-13 ·cited 6×
  A cash seller who reclaims goods sold to a breaching buyer is not barred from seeking a deficiency judgment, and the ten-day reclamation limit from § 2-702 does not apply to cash sales.
• Souife v. First Nat'l Bank OF Commerce
  628 F.2d 480· 5th Cir.· 1980-10-22 ·cited 6×
  The court held that a creditor's right to insurance proceeds and returned premiums constitutes a 'security interest' that must be disclosed under the Truth-In-Lending Act and Regulation Z, and that the disclosure statement in this case was inadequate. The court also held that tax
• Broward Marine, Inc. v. NEW England Marine Corp. OF Del.
  386 So. 2d 70· Fla. 2d DCA· 1980-07-30 ·cited 6×
  Broward Marine appeals the dismissal of its crossclaims for indemnity and contribution against component manufacturers after settling their liability to the original plaintiff. The court reverses, holding that a defendant cannot be precluded from maintaining third-party claims me
• Suburbia Fed. Sav. & Loan Ass'n & Irving Krassner v. Bel-Air Conditioning Co., Inc.
  385 So. 2d 1151· Fla. 4th DCA· 1980-07-09 ·cited 6×·via Uniform Commercial Code Article 9
  Article 9 of the Uniform Commercial Code (UCC) supersedes Florida Statute § 726.09 as applied to retain title contracts that qualify as security interests under the UCC.
• Hi Neighbor Enters., Inc. v. Burroughs Corp.
  492 F. Supp. 823· N.D. Fla.· 1980-06-13 ·cited 6×
  Contractual provisions disclaiming implied warranties and limiting liability are enforceable under Florida law, provided they meet statutory requirements for conspicuousness and specificity.
• In re Schwab v. Schwab
  613 F.2d 1279· 5th Cir.· 1980-03-17 ·cited 6×·via Uniform Commercial Code Article 9
  The court held that the bankruptcy court retained jurisdiction to disallow secured status to a portion of a claim, and that the creditor's security interest in growing crops was not perfected due to insufficient description of the real estate in the financing statement under Colo
• In re Keidel v. Keidel
  613 F.2d 172· 7th Cir.· 1980-01-17 ·cited 6×·via Uniform Commercial Code Article 9
  The court held that the bank's unperfected security interest in the mobile home was subordinate to the trustee's rights because perfection was not completed before the bankruptcy filing date.
• Wetmore v. Brennan
  378 So. 2d 79· Fla. 3d DCA· 1979-12-18 ·cited 6×
  Appellant Wetmore appeals a summary judgment in favor of Brennan on a demand promissory note executed in 1968. The court affirmed, holding that under the revised Florida statute of limitations effective January 1, 1975, the cause of action on a demand note accrues upon the first
• Bulger v. Thorp Credit Inc. OF Ill.
  609 F.2d 1255· 7th Cir.· 1979-12-03 ·cited 6×
  A creditor must disclose a security interest in property, such as boats and recreational vehicles, even if the debtor does not currently own such property, if the security agreement contemplates acquiring such property in the future. General references to a separate security agre
• Wells v. 10-X Mfg. Co.
  609 F.2d 248· 6th Cir.· 1979-10-30 ·cited 6×
  The court held that a contract for 'cut, make and finish' of specially manufactured goods, where the buyer supplies most materials, is a contract for work and labor, not a sale of goods, and thus not governed by the Uniform Commercial Code.
• Cent. Jersey Dodge Truck Ctr., Inc. v. Sightseer Corp. & PRF Indus., Inc.
  608 F.2d 1106· 6th Cir.· 1979-10-25 ·cited 6×
  The court held that the written dealer agreement did not supersede the prior oral repurchase agreement, as the contract was ambiguous and the parties' intent, evidenced by surrounding circumstances and subsequent conduct, indicated the oral agreement remained valid.
• United States v. Zac A. Crittenden, Jr.
  600 F.2d 478· 5th Cir.· 1979-08-08 ·cited 6×
  Under Georgia law, a mechanic's lien for repairs is superior to a previously perfected FHA security interest to the extent of the final repair amount, and the FHA's financing statement adequately described the collateral.
• Major's Furniture Mart, Inc. v. Castle Credit Corp., Inc.
  602 F.2d 538· 3d Cir.· 1979-06-20 ·cited 6×
  The court held that the agreement between Major's and Castle Credit, despite its form as a sale of accounts receivable, constituted a secured loan under the Uniform Commercial Code, requiring Castle to account for any surplus proceeds.
• Varner v. B. L. Lanier Fruit Co., Inc.
  370 So. 2d 61· Fla. 2d DCA· 1979-04-20 ·cited 6×·via Uniform Commercial Code Article 2
  A liquidated damages clause is enforceable only if the amount is reasonable in light of the anticipated or actual harm, and an unreasonably small amount may be deemed unconscionable or a limited remedy may fail its essential purpose.
• Mid-Cal Nat'l Bank v. Fed. Reserve Bank OF SAN Francisco
  590 F.2d 761· 9th Cir.· 1979-01-08 ·cited 6×
  The court held that the counterclaim could be interpreted to allege actionable misfeasance, and the plaintiff should have an opportunity to amend the complaint to state this theory with specificity.
• The Lewis State Bank v. Advance Mortg. Corp.
  362 So. 2d 406· Fla. 1st DCA· 1978-08-24 ·cited 6×·via Uniform Commercial Code (Ucc) Article 5
  Lewis State Bank appeals a summary judgment in favor of Advance Mortgage Corporation regarding a letter of credit issued as security for a construction loan. The court affirmed, holding that the letter of credit remained irrevocable and unconditional despite correspondence that t
• Thompson v. Ford Motor Credit Co.
  550 F.2d 256· 5th Cir.· 1977-04-08 ·cited 6×·via Uniform Commercial Code § 9-503
  The court held that the repossession of the automobile was not wrongful, as there was no breach of the peace, and the plaintiff waived claims to personal property left in the vehicle.
• Bradford v. Plains Cotton Coop. Ass'n
  539 F.2d 1249· 10th Cir.· 1976-07-09 ·cited 6×
  The court held that the forward contracts for the sale of cotton were valid and enforceable, reversing the trial court's decision that they were invalid due to fraud or unconscionability.
• Merrill Karlen v. Butler Mfg. Co.
  526 F.2d 1373· 8th Cir.· 1975-12-11 ·cited 6×
  The court held that the trial court erred in instructing the jury as a matter of law that Cook Implement was Butler's agent, as the evidence regarding agency was conflicting and presented a question of fact for the jury. The court also found the foundation for consequential damag
• United States v. The Valley Nat'l Bank
  524 F.2d 199· 9th Cir.· 1975-08-22 ·cited 6×·via Uniform Commercial Code Article 9
  The court held that the assignments of broker's commissions to the banks created valid security interests under Arizona law, giving them priority over the later-filed federal tax liens.
• Stewart-Decatur Sec. Sys., Inc. v. VON Weise Gear Co.
  517 F.2d 1136· 8th Cir.· 1975-06-05 ·cited 6×·via Uniform Commercial Code Article 2
  The court held that when parties agree to a prototype, the prototype's specifications may displace inconsistent specifications in a subsequent written purchase order, especially when the prototype was tested and approved.