Cheyenne Mountain Bank v. Whetstone Corp.

Opinion by

Judge MARQUEZ.

Cheyenne Mountain Bank (Bank) appeals from the summary judgment dismissing its claims for breaches of warranties, breach of contract, and misrepresentation against Whetstone Corporation. We reverse and remand for further proceedings.

The Bank received a security interest from Hawaiian Macadamia of Maui, Ltd., in a candy-making machine manufactured and sold by Whetstone to Hawaiian. When Hawaiian defaulted, the Bank repossessed the machine and eventually sold it to Wes Nis-wonger for substantially less than the amount due on the note. Hawaiian having filed bankruptcy,…