DAVIES MACHINERY CO. v. PINE MOUNTAIN CLUB, INC.

Docket No. 1863.

39 Cal.App.3d 18 (1974)

113 Cal. Rptr. 784

DAVIES MACHINERY CO., Plaintiff and Respondent, v. PINE MOUNTAIN CLUB, INC., et al., Defendants and Appellants.

Court of Appeals of California, Fifth District.

May 3, 1974.


Attorney(s) appearing for the Case

COUNSEL

Raymond, Noriega, Clifford & Jenkins, Stephen Clifford, Robert E. Brimberry, Carter J. Stroud and Thomas Underhill for Defendants and Appellants.

Rex R. Mull for Plaintiff and Respondent.


OPINION

FRANSON, J.

Prior to April 15, 1969, W.J. and Paul Smith ("the Smiths") had leased and purchased on a time basis various pieces of earthmoving equipment from the respondent, Davies Machinery Co. ("Davies"). They had dealt with each other off and on over a period of some 25 years. On April 15, 1969, the parties entered into a security agreement for the purchase of 12 pieces of...

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