Legal Opinion
Toomey Equipment Co. v. COMMERCIAL CREDIT, ETC.
Court of Civil Appeals of Alabama
Decided August 6, 1980No. Civ. 2197PublishedCited by 5 opinions
1Opinion of the Court
This is a case involving the Uniform Commercial Code, §§7-1-101, et seq., Code of Ala. 1975.
Commercial Credit Equipment Corporation (CCEC) sued Toomey Equipment Company (Toomey), alleging a breach of contract. The trial court granted CCEC's motion for summary judgment and Toomey appeals. We reverse and remand.
The threshold issue on appeal is whether art. 9 of the Uniform Commercial Code (UCC) applies to the transaction between CCEC and Toomey. If art. 9 is applicable, we must also decide whether there remained a genuine issue of material fact concerning CCEC's alleged failure to use…
2Cases cited6 opinions
- Norton v. Nat. Bank of Commerce of Pine BluffSupreme Court of Arkansas · 1966
- First Nat. Bank of Birmingham v. CulbersonSupreme Court of Alabama · 1977
- Jefferson v. Mitchell Select Furniture Co., Inc.Court of Civil Appeals of Alabama · 1975
- John Deere Co. v. NealCourt of Appeals of Texas · 1976
- Lightsey v. First National Bank of BirminghamSupreme Court of Alabama · 1962
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Jones v. First Nat. Bank of PulaskiSupreme Court of Alabama · 1987
- Export Development Canada v. Shore Acres Plant Farm, Inc.District Court, S.D. Alabama · 2021
- Jones v. First Nat. Bank of PulaskiSupreme Court of Alabama · 1987
- Sparks v. Total Body Essential Nutrition, Inc.Supreme Court of Alabama · 2009
- Sparks v. Total Body Essential Nutrition, Inc.Supreme Court of Alabama · 2009