Motor Transportation Springfield v. Orval Davis Tire Co.

FLANIGAN, Chief Judge.

Plaintiff, by written agreement, leased to defendant a 1973 International Harvester diesel tractor for a period of one year commencing February 13, 1974. Defendant used the vehicle for almost 11 months and on January 3, 1975, gave plaintiff written notice of its intent to cancel the lease. At the time of cancellation, in accordance with the provisions of the lease, defendant tendered to plaintiff “an additional 10 percent cancellation charge on the total amount invoiced to date of cancellation.” The 10 percent amounted to $975.75. The tractor was returned to plaintiff on…