Beneficial Finance Co. of Amarillo v. Van Shaw

McCLOUD, Chief Justice.

On Motion for Rehearing.

The opinion and judgment of this Court dated December 17, 1971 are hereby withdrawn and this opinion is substituted therefor.

This is a summary judgment case. Beneficial Finance Company of Amarillo and W. H. Van Shaw each claim an interest in a flower box refrigeration unit. Beneficial Finance claims a security interest arising from money loaned to Stanley and Valda Hare to purchase the unit. Stanley and Valda Hare rented a building from Van Shaw and Van Shaw claims an interest by virtue of a landlord’s lien.

W. H. Van Shaw’s motion for…