Greater Leasing, Inc. v. Hill

Deen, Presiding Judge.

The parties to this litigation entered into a written lease/ purchase agreement involving an automobile which was eventually repossessed and sold after a series of defaults. The appellant’s complaint sought damages for the difference between the contract and sale price plus costs of sale and attorney fees. The case was tried before a jury and a verdict was directed in favor of the defendant Hill. The plaintiff appeals.

1. “Where parties, in the course of the execution of a contract, depart from its terms and pay or receive money under such departure, before either can…