Colonial Pacific Leasing Corp. v. McNatt

Benham, Chief Justice.

We granted a writ of certiorari to the Court of Appeals to review its decision in McNatt v. Colonial Pacific Leasing Corp., 221 Ga. App. 768 (472 SE2d 435) (1996). We expressed particular concern with whether the “hell or high water” clause in the equipment finance leases at issue insulated the assignees of the lessor from the lessee’s claim of fraud allegedly perpetrated by agents of the supplier of the equipment. We conclude that a “hell or high water” clause does not insulate a lessor’s assignee from a claim of fraud where an agency relationship can be established…