Truck Equipment Co. v. O'Reilly

LUTHER E. HALL, Judge pro tern.

Plaintiff sued defendant for $6,145.81 alleged to be due under a certain written contract relative to a truck-tractor and trailer which plaintiff contended is a “lease-purchase” agreement amounting to a sale. Plaintiff also sued for $83.71 cost of repairing the tractor clutch, and for certain storage charges.

The defendant contended that the contract was one of lease with an option to purchase, and defended on the ground that the tractor and trailer were not suited for the purpose for which contracted.

The District Judge held that the agreement was a lease, that…