Legal Opinion

James Talcott, Inc. v. P & J CONTRACTING CO.

Wisconsin Supreme Court

Decided March 16, 1965PublishedCited by 4 opinions

1Opinion of the CourtFaiRCHIld, J.

The contract was one for the leasing of goods under which the lessee (P & J) agreed to pay $26,319.60 ($23,500 plus a finance fee) and the lessee had the option of becoming the owner upon full compliance with the terms of the contract.

P & J asserts that this is a conditional sale and subject to the requirements of ch. 122, Stats. Sec. 122.01 (1) provides in part:

“In this chapter ‘conditional sale’ means . . . any contract for the bailment or leasing of goods by which the bailee or lessee contracts to pay as compensation a sum substantially equivalent to the value of the goods, and by which it…

2Cases cited2 opinions

  1. Schneck v. Mutual Service Casualty InsuranceWisconsin Supreme Court · 1963
  2. Mack International Motor Truck Corp. v. Thelen Trucking Co.Wisconsin Supreme Court · 1931

3Cited by4 opinions

  1. O'LEARY v. Sterling Extruder Corp.District Court, E.D. Wisconsin · 1982
  2. Smith v. Superior Equipment Co.Arizona Supreme Court · 1967
  3. J. F. England's Sons, Inc. v. LiggettSouth Dakota Supreme Court · 1967
  4. Matter of Carol Janet, Inc.United States Bankruptcy Court, E.D. Wisconsin · 1985

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