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

• Imperial Towers Condo., Inc. v. Brown
  38 Fla. Supp. 123· Broward Cty. Cir. Ct.· 1973-04-04
  Imperial Towers Condominium association and unit owners brought suit against developers and former board directors for construction defects, breach of fiduciary duty, breach of contract, misrepresentation, and violations of Florida securities law in a condominium development. The
• In re Iredale's Ltd. v. Vrooman-Appellee
  476 F.2d 938· 9th Cir.· 1973-03-15
  A dragnet clause in a security agreement is enforceable to cover future indebtedness, including an equipment lease, absent evidence of contrary intent or statutory conflict.
• The Home Indem. Co. v. Twin City Fire Ins. Co. & Parker G.M.C. Truck Sales, Inc.
  474 F.2d 1081· 7th Cir.· 1973-03-09 ·via Uniform Commercial Code Article 2
  The court held that the trial court's factual findings regarding ownership transfer were not clearly erroneous, and thus the judgment affirming the insurance coverage was correct.
• The Columbian Peanut Co. v. Frosteg
  472 F.2d 476· 5th Cir.· 1973-01-26
  The court held that banks are liable for paying checks with forged endorsements, even without a traditional depositor relationship, and that Columbian's payment to growers and reacquisition of checks did not preclude its claims.
• Anderson v. Watling Ladder Co., Inc.
  472 F.2d 576· 6th Cir.· 1973-01-25
  The court held that Tennessee law requires privity of contract for warranty actions, and a recent legislative change abolishing this requirement is substantive and not retroactive.
• Witmer v. Kleppe
  469 F.2d 1245· 4th Cir.· 1972-12-07 ·via Uniform Commercial Code Article 9
  A contract for the sale of equipment, where title is retained until full payment, creates a security interest under UCC Article 9, even if termed a lease with rent payments.
• Brickman-Joy Corp. & Conn. Galvanizing Corp. v. Nat'l Annealing BOX Co.
  459 F.2d 133· 2d Cir.· 1972-04-03
  A manufacturer is liable under an implied warranty of merchantability for a product's failure, even if used for a specific purpose, unless the failure resulted from the buyer's misuse.
• Chrysler Creidt Corp. v. Cividanes
  37 Fla. Supp. 94· Dade Cty. Small Cl. Ct.· 1972-03-17
  Chrysler Credit Corporation sued to recover a deficiency after repossessing and selling a vehicle owned by Cividanes. The small claims court found that Chrysler complied with the Uniform Commercial Code's requirement of commercial reasonableness in the repossession and sale proce
• The Bank OF Pasco Cnty. v. Ballard Beasley and Mary M. Beasley
  256 So. 2d 23· Fla. 2d DCA· 1971-12-17 ·via Florida Uniform Commercial Code
  The Bank of Pasco County appealed a summary judgment for conversion based on failure to give notice of sale under an outdated statute. The appellate court reversed, holding that the sale was governed by the Florida Uniform Commercial Code, not the repealed statute cited by the tr
• In re Shinault Lumber Prods. v. Andrew C. Baker in Bankr. of Shinault Lumber Prods., Inc.
  440 F.2d 121· 5th Cir.· 1971-03-12
  The court held that even if a contract appears to be a valid conditional sale, if the substance of the transaction is a loan between a borrower and a lender, the unrecorded agreement is invalid against the rights of a bankruptcy trustee.
• Whitaker v. Harvell-Kilgore Corp. & Day & Zimmerman, Inc.
  424 F.2d 549· 5th Cir.· 1970-04-20
• Credithrift Fin. Corp. v. Monroe S. Guggenheim
  232 So. 2d 400· Fla. 1st DCA· 1970-02-24
  Credithrift Financial Corporation appeals an order denying its motion to dismiss a suit seeking to set aside its purchase of Halifax Finance Company's assets on grounds of violating Florida's Bulk Transfer Article of the UCC. The court held that the Bulk Transfer Article does not
• In re Leckie Freeburn Coal Co. v. Bankruptcy
  405 F.2d 1043· 6th Cir.· 1969-01-29 ·via Uniform Commercial Code Article 9
  The court held that filing a lease agreement in the real estate deed book is insufficient to perfect a security interest in personal property under the Uniform Commercial Code.
• Gelman v. Pub. Nat'l Bank
  377 F.2d 166· D.C. Cir.· 1967-03-31
  A provision in a negotiable instrument that allows for acceleration of the due date does not, without clear and unambiguous language, constitute a waiver of the requirement to provide notice of dishonor to an indorser.
• First Sec. Bank OF Idaho v. Crouse
  374 F.2d 17· 10th Cir.· 1967-03-07
  A prior recorded chattel mortgage, noted on the title, has priority over a subsequent garageman's lien for repairs under Colorado law.
• Assocs. Disc. Corp. v. Elgin Organ Ctr., Inc.
  375 F.2d 97· 7th Cir.· 1967-01-18
  The court affirmed convictions for conspiracy to commit aggravated assault, finding that the evidence supported the charge despite the original information alleging conspiracy to commit murder.
• Susi v. Belle Acton Stables, Inc.
  360 F.2d 704· 2d Cir.· 1966-04-20
  The court held that the defendants' acquisition of Haughton's lien rights did not, in itself, constitute conversion, but subsequent actions like selling the horses did. It also found Stahl and Rona Plastics liable as principals for Rosenberg's conversion.
• Am. Paper & Pulp Co., Inc. v. Denenberg
  233 F.2d 610· 3d Cir.· 1956-05-21 ·via Uniform Commercial Code Article 2
  Under the Pennsylvania Sales Act, a buyer who rescinds a sale for breach of warranty is limited to recovering the purchase price paid, less the salvage value of the goods, and cannot recover consequential damages or lost profits.