Legal Opinion
Fleming v. Carroll Publishing Co.
District of Columbia Court of Appeals
Decided October 26, 1990No. 88-751, 88-640PublishedCited by 15 opinions
1Opinion of the Court
STEADMAN, Associate Judge:
This case presents several questions arising under Article 9 of the District of Columbia’s version of the Uniform Commercial Code. A creditor that “leased” computer equipment and software to a user and later repossessed part of the property seeks to recover the balance due on the “lease.” The issues include: (1) whether the controlling document was a “true lease” or a security agreement; (2) if a security agreement, whether the secured creditor’s sale of part of the repossessed collateral without providing the requisite notice to the debtor bars the creditor from…
2Cases cited24 opinions
- Hensley v. EckerhartSupreme Court of the United States · 1983
- Pierce v. UnderwoodSupreme Court of the United States · 1988
- Texas State Teachers Ass'n v. Garland Independent School DistrictSupreme Court of the United States · 1989
- M. A. P. v. RyanDistrict of Columbia Court of Appeals · 1971
- DeLay First National Bank & Trust Co. v. Jacobson Appliance Co.Nebraska Supreme Court · 1976
19 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Federal Marketing Co. v. Virginia Impression Products Co.District of Columbia Court of Appeals · 2003
- Waverly Taylor, Inc. v. PolingerDistrict of Columbia Court of Appeals · 1990
- Chang v. Louis & Alexander, Inc.District of Columbia Court of Appeals · 1994
- In Re SCHWALBUnited States Bankruptcy Court, D. Nevada · 2006
- FCE Benefit Administrators, Inc. v. George Washington UniversityDistrict Court, District of Columbia · 2002
10 more not listed; retrieve them via the Exa API.