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BRODIE HOTEL SUPPLY, INC. v. UNITED STATES

United States Court of Appeals, Ninth Circuit (1970) | 431 F.2d 1316

4 min read

TL;DR: A seller allowed a future buyer to possess equipment before the sale was final. The buyer granted a security interest to a bank, which filed first. The court held the seller's later-filed purchase-money security interest had priority because the perfection grace period began when the sale occurred, not when possession began.

Legal Significance: Establishes that for a purchase-money security interest (PMSI), the perfection grace period under UCC § 9-312(4) begins when the possessor becomes a "debtor" by incurring the obligation, not when they first take physical possession of the collateral.