Breeden v. Hit Publications

The defendants, lessees of a Risograph model 3750, with console, computer interface and four color drums used for magazine production (the “equipment”), resisted the plaintiff financing lessor’s summary judgment motion for overdue lease payments on the grounds that the equipment had ceased properly to function. The defendants asserted that the equipment lessor, not a party to this action, had breached an agreement to maintain the equipment in good working order and that the financing lessor should stand in the shoes of the equipment lessor. A justice of the Orleans District Court awarded…