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Holden Machinery v. Sundance Tractor & Mower

218 B.R. 247 (1998)

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Holden Machinery v. Sundance Tractor & Mower

United States Bankruptcy Court for the Middle District of Georgia
218 B.R. 247 (1998)

RW

Facts

[Editor’s Note: This case can also be found under the title “In re Fried Group, Inc.”] Holden Machinery (Holden) (plaintiff) contracted to sell used farm equipment to Sundance Tractor & Mower (Sundance) (defendant), which planned to resell the equipment to local farmers. After accepting delivery, Sundance found that the equipment failed to conform to contract specifications and needed extensive repairs. Sundance went bankrupt before completing its finance payments for the equipment. Holden filed its claim for full payment in federal bankruptcy court. Holden based its claim on Georgia’s Uniform Commercial Code (UCC). The court granted Sundance’s motion to offset Holden’s claim by the reasonable cost of repairing the equipment’s nonconformities. Holden petitioned the court to reconsider its ruling.

Rule of Law

Issue

Holding and Reasoning (Walker, J.)

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