Mattson v. Commercial Credit Business Loans, Inc.

723 P.2d 996 (1986)

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Mattson v. Commercial Credit Business Loans, Inc.

Oregon Supreme Court
723 P.2d 996 (1986)

SC

Facts

Mattson (plaintiff) contracted with West Coast Lumber Sales to remove timber from his property and sell the timber to third parties. West Coast ended up removing and selling certain additional timber without Mattson’s permission. In a different action than the present, Mattson sued West Coast for conversion. While that action was pending, West Coast applied for a line of credit with Commercial Credit Business Loans, Inc. (defendant). West Coast informed Commercial of the pending litigation with Mattson. Mattson won a money judgment against West Coast. Soon after the judgment, West Coast filed for bankruptcy. Commercial claimed a security interest in all of West Coast’s assets, including the proceeds from the sale of the timber improperly taken from Mattson’s land. Mattson sued Commercial, claiming a right to those proceeds. The trial court granted Commercial’s motion for summary judgment. The court of appeals affirmed. Mattson appealed.

Rule of Law

Issue

Holding and Reasoning (Campbell, J.)

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