BEFFA v. BANK OF WEST

Nos. 97-15534, 97-15613.

152 F.3d 1174 (1998)

Mihai BEFFA, dba Polaris, Plaintiff-Appellant/Cross-Appellee, v. BANK OF THE WEST, Defendant-Appellee/Cross-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided August 20, 1998.


Attorney(s) appearing for the Case

Steven G. Baird, Atkinson-Farasyn, LLP, Mountain View, California, for plaintiff-appellant/cross-appellee.

Kenneth K. Kennedy, Jr., San Jose, California, for defendant-appellee/cross-appellant.

Before: WOOD, Jr., HALL, and O'SCANNLAIN, Circuit Judges.


HARLINGTON WOOD, Jr., Circuit Judge:

In November 1993, Mihai Beffa ("Beffa"), a computer goods dealer, contracted with a Romanian company, Seltec, to provide Seltec with computer equipment. Under the terms of the contract, Beffa would ship Seltec's goods once he received payment for the order. The total cost of the order, $4,200, was to be paid by a wire funds transfer to an account Beffa maintained at the Bank of the West's ("Bank") Cupertino, California branch under...

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