Equilease Corp. v. D'Annolfo

Wilda Publishing Company and D’Annolfo, individually and as trustee of the Mark-Phillip Trust, appeal from judgments in favor of Equilease for the balance due on an equipment lease. We affirm the judgments against Wilda and D’Annolfo individually, but reverse the judgment against D’Annolfo "as trustee.” 1. The only argument advanced by Wilda and D’Annolfo individually is that the judge erred in refusing to instruct the jury on Equilease’s duty to mitigate damages. However, the judge could have viewed the "lease” as a conditional sale of equipment, as the lessees had the option of purchasing…