Whirlpool Corp. v. Dailey Construction, Inc.

LEWIS, Judge.

The issue presented by this appeal arises out of a security agreement between Dailey Construction, Inc. (“Dailey Construction”) and Whirlpool Corporation (“Whirlpool”). On 11 January 1990, Whirlpool sold various kitchen appliances to Dailey Construction for incorporation into the Glen Eagles Apartment project in Winston-Salem. As part of the agreement, Whirlpool retained a security interest in the appliances, which it properly filed and perfected.

Prior to the execution of the security agreement between Dailey Construction and Whirlpool, Dailey Construction had entered into a…