Legal Opinion · Dissent
International Harvester Co. v. Bank of California
Court of Appeals of Washington
Decided July 21, 1981No. 3727-4-IIIPublished
1DissentMcInturff, C.J.
(dissenting)—I respectfully dissent from the views expressed by the majority. Although there is no language in the contract to support Harvester's "on approval." argument, I will, for the sake of argument, assume that parol evidence plus the foregoing facts of this case describe a sale on approval. Thus, two questions are *919presented: (a) When did PBI become a "debtor", and (b) as a "debtor", when did PBI possess the "collateral"? The answer to these questions determines whether Harvester can take advantage of the PMSI priority outlined in RCW 62A.9-312(4).14
In answer to the first question, the…
2Cases cited5 opinions
- North Platte State Bank v. Production Credit Ass'nNebraska Supreme Court · 1972
- Rainier National Bank v. Inland MacHinery Co.Court of Appeals of Washington · 1981
- Brodie Hotel Supply, Inc. v. United StatesCourt of Appeals for the Ninth Circuit · 1970
- James Talcott, Inc. v. Associates Capital Company, Inc., and the Highway Equipment CompanyCourt of Appeals for the Sixth Circuit · 1974
- Sunshine v. Sanray Floor Covering Corp.New York Supreme Court · 1970