Legal Opinion
Truck Rent-A-Center, Inc. v. Puritan Farms 2nd, Inc.
New York Court of Appeals
Decided February 24, 1977PublishedCited by 278 opinions
1Opinion of the CourtJasen, J.
The principal issue on this appeal is whether a provision in a truck lease agreement which requires the payment of a specified amount of money to the lessor in the event of the lessee’s breach is an enforceable liquidated damages clause, or, instead, provides for an unenforceable penalty.
Defendant Puritan Farms 2nd, Inc. (Puritan), was in the business of furnishing milk and milk products to customers through home delivery. In January, 1969, Puritan leased a fleet of 25 new milk delivery trucks from plaintiff Truck Rent-A-Center for a term of seven years commencing January 15, 1970. Under the…
2Cases cited8 opinions
- Equitable Lumber Corp. v. IPA Land Development Corp.New York Court of Appeals · 1976
- Seidlitz v. . AuerbachNew York Court of Appeals · 1920
- Mosler Safe Co. v. Maiden Lane Safe Deposit Co.New York Court of Appeals · 1910
- Ward v. Hudson River Building Co.New York Court of Appeals · 1891
- Wirth & Hamid Fair Booking, Inc. v. WirthNew York Court of Appeals · 1934
3 more not listed; retrieve them via the Exa API.
3Cited by278 opinions
- People v. ArnoldNew York Court of Appeals · 2001
- BDO Seidman v. HirshbergNew York Court of Appeals · 1999
- JMD Holding Corp. v. Congress Financial Corp.New York Court of Appeals · 2005
- In Re Trans World Airlines, Incorporated, Debtor. Interface Group-Nevada, Incorporated v. Trans World Airlines, Incorporated. Thomas E. Ross, Trustee. In Re Trans World Airlines, Incorporated, Debtor. Interface Group-Nevada, Incorporated v. Trans World Airlines, Incorporated, Thomas E. Ross, TrusteeCourt of Appeals for the Third Circuit · 1998
- People v. De JesusNew York Court of Appeals · 1977
273 more not listed; retrieve them via the Exa API.