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ALLIS-CHALMERS CORP. v. DAVIS

No. 7730DC519.

245 S.E.2d 566 (1978)

37 N.C. App. 114

ALLIS-CHALMERS CORPORATION v. Richard L. DAVIS, Wayne L. Morris, and George Glance, t/d/b/a Haywood Excavating Company.

Court of Appeals of North Carolina.

July 11, 1978.

Attorney(s) appearing for the Case

Morris, Golding, Blue & Phillips by J. N. Golding, Asheville, for plaintiff-appellee.

Bennett, Kelly & Cagle, by Robert F. Orr, Asheville, for defendants-appellants.

MORRIS, Judge.

The first question for decision is whether the sale of the Allis-Chalmers 615 backhoe and loader was commercially reasonable as a matter of law.

G.S. 25-9-504 provides in part that "(1) [a] secured party after default may sell . . . the collateral . . . . * * * * * * (3) Disposition of the collateral may be by public or private proceedings and may be made by way of one...

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