Mid-Continent Refrigerator Co. v. Dean

Littlejohn, Justice:

This appeal is from a jury verdict for the defendant lessee in a suit alleging breach of a written lease for a refrigerator and demanding payment of the amount called for in the contract. We reverse.

The basic issue for determination on this appeal is: Should the trial judge have directed a verdict in favor of Mid-Continent, the lessor?

The facts may be summarized as follows:

Mid-Continent entered into a written lease agreement with W. E. Dean on September 26, 1967 for a display-type refrigerator. The agreement provided that Dean would pay, as rent, thirty-six monthly…