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J.K. MERRILL & SON, INC. v. CARTER

No. 15436.

702 P.2d 787 (1985)

108 Idaho 749

J.K. MERRILL & SON, INC., an Idaho corporation, Plaintiff-Counterdefendant-Appellant, v. R.G. CARTER, aka Ronald G. Carter, and La Rae Carter, husband and wife, Defendants, and C & J Corporation, an Idaho corporation; Rjay Lloyd, Defendant-Counterclaimant, and Rjay Lloyd, Chartered, now known as Lloyd & Joyce, Chartered, an Idaho professional corporation, Defendants-Counterclaimants-Respondents.

Supreme Court of Idaho.

June 17, 1985.

Attorney(s) appearing for the Case

W. Anthony Park and Michael F. Burkett, Jr., Boise, for plaintiff-counterdefendant-appellant.

Bradley B. Poole, Boise, for defendants-counterclaimants-respondents.

BISTLINE, Justice.

The case before us hinges on a proper interpretation and application of I.C. § 28-9-402(1). The issue to be decided is whether a photographic copy of the debtor's signature on a security agreement which is stapled to a financing statement not signed by the debtor is sufficient to perfect a security interest in collateral.

The facts, not in dispute, are found wellportrayed in Judge Carey's decision. On November 30, 1979 plaintiff J.K...

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