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TOOMEY EQUIPMENT CO. v. COMMERCIAL CREDIT, ETC.

Civ. 2197.

386 So.2d 1155 (1980)

TOOMEY EQUIPMENT COMPANY, INC. v. COMMERCIAL CREDIT EQUIPMENT CORPORATION, McCullagh Leasing, Inc.

Court of Civil Appeals of Alabama.

August 6, 1980.

Attorney(s) appearing for the Case

Norman J. Gale, Jr. of Clay, Massey & Street, Mobile, for appellant.

James W. Tarlton, III of Hamilton, Butler, Riddick, Tarlton & Allen, Mobile, for appellees.

HOLMES, Judge.

This is a case involving the Uniform Commercial Code, §§ 7-1-101, et seq., Code of Ala.1975.

Commercial Credit Equipment Corporation (CCEC) sued Toomey Equipment Company (Toomey), alleging a breach of contract. The trial court granted CCEC's motion for summary judgment and Toomey appeals. We reverse and remand.

The threshold issue on appeal is whether art. 9 of the Uniform Commercial Code (UCC) applies to the transaction...

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