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FOOD SERVICES v. ROYAL HEIGHTS, INC.

No. 12348-1-III.

69 Wn. App. 784 (1993)

850 P.2d 585

FOOD SERVICES OF AMERICA, Appellant, v. ROYAL HEIGHTS, INC., Defendant, ZIRKLE FRUIT COMPANY, Respondent.

The Court of Appeals of Washington, Division Three.

May 11, 1993.

Attorney(s) appearing for the Case

James A. Perkins and Bogle & Gates, for appellant.

Jerome R. Aiken, Walter G. Meyer, and Meyer, Fluegge & Tenney, for respondent.

SWEENEY, J.

Food Services of America (FSA) sued Royal Heights, Inc., a grower, and Zirkle Fruit Company, a commission merchant, for damages arising out of the sale of Royal's fruit by Zirkle. FSA held a security interest in Royal's fruit. FSA appeals the summary judgment dismissing its claim against Zirkle. We reverse and remand.

FACTUAL AND PROCEDURAL BACKGROUND

FSA operates a commission merchant fruit warehouse in Yakima. In 1988, it agreed to...

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