Bank of Eastern Oregon v. Griffith

I concur in affirming the judgment against Leonard, but because I disagree with the majority’s conclusion that Bank waived its perfected security interest in the equipment that Griffith traded to Condon Motors, I dissent from the reversal of the judgment against Condon.

Given Condon’s argument, a critical question is whether Bank consented to the trade before it took place. The majority recognizes the importance of that inquiry, 101 Or *535App at 533, and, after discussing it, begrudgingly defers to the trial court’s finding that there was no prior consent by Bank. However, it concludes that we…