BORG-WARNER ACCEPTANCE CORP. v. DEP'T OF STATE

Docket No. 95356.

169 Mich. App. 587 (1988)

426 N.W.2d 717

BORG-WARNER ACCEPTANCE CORPORATION v. DEPARTMENT OF STATE

Michigan Court of Appeals.

Decided March 30, 1988.


Attorney(s) appearing for the Case

Foster, Swift, Collins & Coey, P.C. (by Philip T. Carter and Glen A. Schmiege), for plaintiff.

Frank J. Kelley, Attorney General, Louis J. Caruso, Solicitor General, and Clive D. Gemmill, Assistant Attorney General, for defendant.

Before: CYNAR, P.J., and SAWYER and J.A. GILLIS, JJ.


PER CURIAM.

Defendant appeals as of right from a judgment of the Court of Claims in favor of plaintiff in the amount of $42,733 for breach of an implied contract. The breach arose out of the failure of defendant to inform plaintiff, after a Uniform Commercial Code filing search, of the existence of a prior secured party's interest in inventory in which plaintiff took a subsequent security interest. We affirm.

The facts are not in dispute. Plaintiff is a finance...

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