Legal Opinion

Hibbard v. P.G.A., Inc.

Court of Appeals of Georgia

Decided August 2, 2001No. A01A0994PublishedCited by 6 opinions

1Opinion of the Court

Miller, Judge.

The question on appeal is whether a certain equipment agreement is a lease-purchase or a lease with an option to purchase agreement. As the agreement is ambiguous, we employ the applicable rules of construction to conclude that it is a lease-purchase agreement. Since evidence showed the purchase was accomplished, we affirm the trial court’s refusal to award possession of the equipment to the lessor/seller.

Pursuant to an agreement drafted by Scott Hibbard, P.G.A., Inc. (PGA) leased an excavator from Hibbard for $4,500 per month, payable in advance of each monthly rental period.…

2Cases cited8 opinions

  1. Deep Six, Inc. v. AbernathyCourt of Appeals of Georgia · 2000
  2. Travelers Insurance Company v. BlakeyCourt of Appeals of Georgia · 1986
  3. Asian Square Partners, L.P. v. Cuong Quynh LyCourt of Appeals of Georgia · 1999
  4. Citizens Oil Company Inc. v. HeadSupreme Court of Georgia · 1946
  5. Colonial Self Storage of South East, Inc. v. Concord Properties, Inc.Court of Appeals of Georgia · 1978

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3Cited by6 opinions

  1. Brock v. KingCourt of Appeals of Georgia · 2006
  2. Department of Community Health v. Pruitt Corp.Court of Appeals of Georgia · 2009
  3. Douglas Asphalt Co. v. E. R. Snell Contractor, Inc.Court of Appeals of Georgia · 2006
  4. Lodgenet Entertainment Corp. v. Heritage Inn AssociatesCourt of Appeals of Georgia · 2003
  5. Brock v. KingCourt of Appeals of Georgia · 2006

1 more not listed; retrieve them via the Exa API.

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