Metro Leasing, Inc. v. Health, Education & Research Services, Inc.

Banke, Presiding Judge.

The appellant sued the appellee to recover damages for its alleged breach of an equipment lease pertaining to a copier, and the appellee counterclaimed on the basis of allegations that “[t]he equipment was misrepresented and [appellant] committed fraud in presenting the equipment.” Notwithstanding the latter allegations, the appellee further asserted in its counterclaim that it had not executed the lease and was not a party to it. A jury trial ensued; and at the close of the appellant’s evidence, the trial court directed a verdict in favor of the appellee with respect…