The signs were to advertise the location of the Stockholm Restaurant and Check Inn Motel. To secure the unpaid balance of the purchase price, Erect-O-Therm granted appellant a security interest in the signs by the execution of a security agreement describing them. A financing statement was filed with the Secretary of State of Arkansas in Find 2 listings related to Cummings Signs in Riverside on karacto.xyz See reviews, photos, directions, phone numbers and more for Cummings Signs locations in Riverside, CA. Bradley, Arant, Boult Cummings has 14 lawyers who represent the county in bankruptcy and other legal matters including Patrick Darby whose hourly rate is $, which includes a $45 per hour.
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Commercial Litigation. Corporate and Commercial Transactions. Entity Structure and Governance. Health Care Law. Intellectual Property. Non-Profit and Tax Exempt Organization. Sports and Entertainment Law. We said:. A summary judgment is improper if any genuine fact issue exists.
Westmoor Manufacturing Co. Heath, Ark. First National Bank, Ark. Metropolitan National Bank, Ark. To make its determination the court must look at all the pleadings, depositions, answers to interrogatories, affidavits filed and admissions. Purser v. All doubts and inferences must be resolved against the moving party. Russ v. Life Insurance Co. I submit that when the Choate test is properly applied and all doubts and inferences are resolved against appellees, the parties moving for summary judgment, it cannot be said that there was no genuine issue of material fact.
Granting and affirming this summary judgment is an abortive application of the summary judgment rules and a troublesome precedent. Beardsley Receive free daily summaries of new opinions from the Arkansas Supreme Court. Enter your email. Cummings, Inc. Beardsley Annotate this Case. Supreme Court of Arkansas. December 22, In the present case, in its order of January 24, , the trial court found as follows: 1.
The Defendants, Conrad Beardsley and Lillemore Beardsley, did not purchase the signs and related property referred to in the complaint from the Plaintiff, and there is no genuine issue as to this fact. The Defendants, Conrad Beardsley and Lillemore Beardsley, are not personally liable to the Plaintiff under the security agreement referred to in the complaint since these Defendants were not a party thereto and have not assumed the indebtedness referred to in said security agreement, and there is no genuine issue as to this fact.
The Defendants were entitled to rely on the filings in the Nevada County Circuit Clerk's office at the time they purchased property on which the signs are located on September 28, The Plaintiff filed its financing statement with the Secretary of State and not in the office of the Circuit Clerk of Nevada County, Arkansas, being the County where the real estate is located, and thus did not properly perfect its security interest in the signs as between it and the Defendants. The term "fixtures" has reference to articles which in and of themselves, and irrespective of annexation to land, are of a chattel nature, but by reason of such annexation have become a part of the land.
The point of difficulty arises in determining when there has been such annexation of chattels as to make them a part of the land or irremovable fixtures. It is said that the true criterion, established by the authorities, consists in a united application of several tests, as follows: " 1 Real or constructive annexation of the article in question to the realty.
Ewell says that, "of these three tests, the clear tendency of modern authority seems to be to give preeminence to the question of intention to make the articles a permanent accession to the freehold, and the others seem to derive their chief value as evidence of such intention. Justia Legal Resources. Find a Lawyer. Law Students. US Federal Law. US State Law. Other Databases. Legal Marketing.