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Edward C. Tesar II and Leona M. Tesar v. Sears, Roebuck & Company (Tesar et al), Adv. No. 91-0063, Case No. 90-03443-7 (11/07/1991) -- Judge Thomas S. Utschig

Case Summary:
Combined language contained in document entitled "SearsCharge Plus Security Agreement" and in sales receipts, both of which were signed by the debtor, was sufficient to grant defendant Sears a security interest [pursuant to Wis. Stats. Ann. §§ 409.105(m) and 409.203] in items of merchandise purchased by the debtors on credit.

Description of merchandise contained on the sales receipts signed by the debtor "reasonably identifies" the collateral for purposes of Wis. Stat. § 409.110.

Conduct of defendant Sears did not constitute commercial unconscionability under Wisconsin law.

Statue/Rule References:
Wis. Stat. § 409.105 -- Security Agreements
Wis. Stat. § 409.110 -- Security Agreements - Descriptions of Collateral
Wis. Stat. § 409.203 -- Security Interests - Attachment and Enforceability

Key Terms:
Security Interests - Creation
Unconscionability - Commercial


Date: 
Thursday, November 7, 1991