Bailey v. Tucker Equipment Sales, Inc.

Judge Harold R. Banke.

Tucker Equipment Sales, Inc. (“Tucker”) sued Thomas W. Bailey d/b/a Bailey Construction Company (“Bailey”) for breaching the terms of a lease/purchase agreement. After a bench trial, the trial court entered judgment for Tucker. Bailey appeals.

Bailey executed with Tucker a 30-day lease containing a 90-day rental option and a purchase option for a front-end loader. Although Bailey paid in advance for one months’ rental, Bailey did not return the loader or pay the second months’ rent before Tucker repossessed it. After Tucker sued, Bailey counterclaimed asserting that…