John Deere Co. v. Wonderland Realty Corp.

This action was submitted to the trial court for decision on stipulated facts, stipulated issues, and briefs. Plaintiff had judgment and defendant Wonderland Realty Corporation appeals.

The facts stipulated are:

“1. On July 29, 1965, at Fort Wayne, Indiana, Floren Klopfenstein, as lessee, and A. H. Heine Implement Company, as lessor, executed a certain ‘equipment lease’ a copy of which is attached hereto as Exhibit 1. The subject of said lease was two (2) John Deere 5010 scrapers (which is a large tractor with a built-on scraper blade) and two other items of earth moving equipment. At the time…