Ace Equipment Sales, Inc. v. H.O. Penn Machinery Co. (2005)
Holding and disposition
Source note (2026-10-18):
- Links on this page to
https://static.case.law/conn-app/88/cases/0687-01.jsonare an (unofficial Caselaw Access Project copy, retrieved before 2026-10-18; host disallows automated access); no official or otherwise permitted full-text copy was located on 2026-10-18.
A crusher buyer paid its dealer seller, then paid the seller’s secured lender again to obtain release of the equipment. The court held that the buyer qualified under former § 42a-9-307’s ordinary-course exception despite constructive lien notice and industry-customary delayed delivery. Nevertheless, it affirmed denial of recovery: the buyer waived its claims through the release transaction and prolonged acquiescence, and did not establish economic duress. The ordinary-course holding alone does not describe the judgment. Full opinion, parts I–II.
Current-law limits
Current § 9-320(a) concerns interests created by the buyer’s seller. Today’s § 1-201(b)(9) requires possession or an Article 2 right to recover; do not transplant the historical delivery discussion without that qualification. This was not a statutory service-lien foreclosure. See connecticut, equipment-and-machinery.
Full opinion and current provisions retrieved October 17, 2026; comprehensive subsequent treatment is not certified.
Bounded final review (2026-10-18)
Full opinion of 88 Conn. App. 687 held in this review’s evidence; statute links moved to www.cga.ct.gov. The Caselaw Access Project copy was saved before the site’s robots.txt (which disallows all automated access) came to this review’s attention; it is kept as evidence only and no further automated requests were made to static.case.law. Comprehensive later treatment remains needs_verification; no citator certification is made.
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