Zenith Financial Corp. v. Jolly Gene Distributor Inc.

The plaintiff is the assignee of a certain lease agreement made between u-vend, inc. as lessor and the defendant jolly gene distributor inc. as lessee. The individual defendant is the guarantor of the performance of the agreement made by the corporate defendant as lessee. The plaintiff sues to recover the balance of payments and attorney’s fees due pursuant to the provisions of the lease agreement.

The lease agreement contained a provision which in substance provided that in the event of the assignment of the lease by the lessor that then any claim, offset, or defense which the lessee might…