Legal Opinion
New West Fruit Corp. v. Coastal Berry Corp.
California Court of Appeal
Decided April 25, 1992No. H008033PublishedCited by 12 opinions
1Opinion of the Court
Opinion
CAPACCIOLI, Acting P. J.
In this appeal we consider whether a contract that purports to grant a security interest to a creditor is enforceable if it fails to fully delineate the nature of the debtor’s obligation. As we will explain below, we conclude that this fact alone does not preclude enforcement of a security agreement if the language of the agreement and circumstances of the transaction reveal an intent by the parties to grant a security interest to the creditor.
Background
Both parties to this action, New West Fruit Corporation (New West) and Coastal Berry Corporation (Coastal…
2Cases cited5 opinions
- In the Matter of Amex-Protein Development Corporation, Bankrupt. M. Nolden, Trustee of Estate of Bankrupt v. Plant ReclamationCourt of Appeals for the Ninth Circuit · 1974
- Needle v. Lasco Industries, Inc.California Court of Appeal · 1970
- Komas v. Future Systems, Inc.California Court of Appeal · 1977
- Personal Jet, Inc. v. N. D. Callihan, N. D. Callihan v. Paris Jet, Inc.Court of Appeals for the Fifth Circuit · 1980
- Heggblade-Marguleas-Tenneco, Inc. v. Sunshine Biscuit, Inc.California Court of Appeal · 1976
3Cited by12 opinions
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- Turbinator, Inc. v. Superior CourtCalifornia Court of Appeal · 1995
- Expeditors International of Washington, Inc. v. Official Creditors Committee of CFLC, Inc. (In Re CFLC, Inc.)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1997
- DeGiacomo v. Raymond C. Green, Inc. (In re Inofin Inc.)United States Bankruptcy Court, D. Massachusetts · 2014
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