Appliance Buyers Credit Corp. v. Crivello

Was Recording Required?

The first issue presented on this appeal is whether the denominated lease between Wilson and Pan American was required to be recorded. More specifically, the issue can be stated: Is the agreement entered into by J. D. Wilson Company, Inc., and Pan American Motel, Inc., on October 26, 1959, a true lease or is it a conditional sales contract or a chattel mortgage in the form of a lease?

The trial court found that the. . instrument is denominated by its own terms as a lease, the parties are referred to as lessee and lessor, its term is five years, monthly payments are…