Garden City Production Credit Assn. v. Lannan

Boslaugh, J.,

dissenting.

I concur in the opinion of Newton, J., that the circumstances in this case established both an authorization of the sale by the plaintiff, which waived its security interest in the cattle sold, and a ratification of the sale by the acceptance of the proceeds. See, Farmers’ Nat. Bank v. Missouri Livestock Commission Co., 53 F. 2d 991; First Nat. Bank & Trust Co. v. Stock Yards Loan Co., 65 F. 2d 226; Seymour v. Standard Live Stock Commission Co., 110 Neb. 185, 192 N. W. 398; Warrick v. Rasmussen, 112 Neb. 299, 199 N. W. 544. These long-standing principles of law and equity have not been displaced by any provision of the code. See § 1-103, U. C. C.

McCown, J., joins in this dissent.