First Nat. Bank of Hayes Center v. Rickel, Inc.

Sprague, D.J.

Plaintiff, First National Bank of Hayes Center, perfected a security interest in wheat owned by James Palie in May of 1982. In October of 1982, Palie sold 10,483.83 bushels of the wheat to one Jimmie Sailors.

During the period of October 25 through 27, 1982, Sailors sold the wheat to VerDon Scott, doing business as Beverly Grain Company, and the wheat was delivered at that time.

On November 26,1982, a shortage of wheat was identified in the Beverly Grain Company elevator, amounting to 41,285 bushels.

On February 8, 1983, First National Bank filed a replevin action against Scott,…