Wallwork Lease and Rental Co., Inc. v. Decker

PEDERSON, Justice.

This is an appeal by Wallwork Lease and Rental Co., Inc. (Wallwork) from a summary judgment entered by the district court of Cass County pursuant to Rule 56, NDRCivP. The action arises out of various business transactions entered into by Gary Decker, the president of Black’s, Inc., a women’s clothing store in Fargo, North Dakota. We reverse and remand.

In 1976 Black’s sold equipment used in its stores to Wallwork Lease for $75,-000.00. Wallwork agreed to lease the equipment back to Black’s for a five-year term. The lease called for monthly payments. Gary Decker and his wife,…