National City Truck Rental Co. v. Southern Mill Creek Products Co.

MANN, Judge.

The document in this case is identical to that construed in Transport Rental Systems, Inc. v. Hertz Corp., 129 So.2d 454 (Fla.App.1954), except that in this case paragraph 16 reads as follows:

“Lessee acknowledges that all vehicles leased under this Agreement have been acquired especially for Lessee’s exclusive use; therefore, in the event of cancellation of this Agreement, Lessee agrees to purchase all vehicles leased hereunder in accordance with all the provisions set forth in Paragraphs # 18 and # 19.”

The Court below held that the instrument was a conditional sale and not a…