Allis-Chalmers Corp. v. Davis

MORRIS, Judge.

The first question for decision is whether the sale of the Allis-Chalmers 615 backhoe and loader was commercially reasonable as a matter of law.

G.S. 25-9-504 provides in part that

“(1) [a] secured party after default may sell . . . the collateral

* * *(3) Disposition of the collateral may be by public or private proceedings and may be made by way of one or more contracts. Sale . . . may be as a unit or in parcels and at any time and place and on any terms but every aspect of the disposition including method, manner, time, place and terms must be commercially reasonable. . . .”…