Tri-Cities Forklift Co. v. Conasauga River Lumber Co.

OPINION

SANDERS, Judge.

The pivotal question on this appeal is whether the written provisions of a lease on a forklift truck are controlling or whether extrinsic evidence establishes a transaction constituting a sale of the equipment.

On September 11, 1980, the Plaintiff-Appellant, Tri-Cities Forklift Company, Inc., entered into a lease agreement with the Defendant-Appellee, Conasauga River Lumber Company, whereby the Plaintiff, lessor, leased to the Defendant, lessee, a used Taylor Y-18BWO forklift for a period of 32 months. The rental was $1,000 per month plus $60 per month use tax. As…