Fisher Trucking, Inc. v. Fleet Lease, Inc.

Tom Glaze, Justice.

The issue in this case is whether an agreement between the Fleet Lease, appellee, and Fisher Trucking, appellant, for the “lease” of thirty-four trucks for thirty-six months was a true lease or a conditional sale in disguise. The appellant stopped making payments under the agreement after approximately fourteen months. As a result • of this breach, appellee filed suit against the appellant, and the appellant counterclaimed alleging that the agreement was actually a conditional sale which was usurious and therefore void as to the unpaid interest. Both parties filed partial…