ITT Terryphone Corp. v. Modems Plus, Inc.

Carley, Judge.

ITT Terryphone Corporation (Terryphone) entered into three sales contracts with Modems Plus, Inc. (Modems) whereby Terryphone agreed to sell certain telephone equipment to Modems. After the goods had been delivered, Modems defaulted on the obligation, and Terryphone repossessed the equipment. Terryphone later initiated suit against Modems, seeking money due and owing to it on the sales contracts. Modems filed a motion to dismiss Terryphone’s complaint on the ground that Terryphone, as a secured creditor, had failed to comply with provisions of the Uniform Commercial Code.…