Legal Opinion

Potomac Leasing Co. v. Vitality Centers, Inc.

Supreme Court of Arkansas

Decided November 10, 1986No. 86-73PublishedCited by 2 opinions

1Opinion of the Court

Jack Holt, Jr., Chief Justice.

The issue here is whether a lessee of goods may raise illegality of the lease as a defense to an action to enforce the lease, when the illegality arises from the lessee’s intended use of the goods. We hold the lessee may not under these circumstances and reverse the trial court. Jurisdiction is pursuant to Sup. Ct. R. 29(l)(c).

Vitality Centers, Inc., appellee, entered into a lease agreement, which was guaranteed by Claudene Cato, co-appellee, to lease an automated telephone system from Potomac Leasing, Co., appellant. Leads Unlimited, Inc., not a party,…

2Cases cited5 opinions

  1. Hoshall v. BrownSupreme Court of Arkansas · 1912
  2. Ashford v. MaceSupreme Court of Arkansas · 1912
  3. Dillard v. KelleySupreme Court of Arkansas · 1943
  4. Hollenberg Music Co. v. BerrySupreme Court of Arkansas · 1907
  5. Turner v. BaileySupreme Court of Arkansas · 1980

3Cited by2 opinions

  1. DLL v. Cricket's Termite ControlDistrict Court of Appeal of Florida · 2006
  2. Jacks v. Western Secured Investments Co.Court of Appeals of Arkansas · 2001

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