Business Credit Leasing, Inc. v. Lobman, Carnahan & Batt

DUFRESNE, Judge.

This is an appeal by Business Credit Leasing, Inc. (BCL), assignee of an office copy machine “financed lease”, from a judgment effectively cancelling that lease and ordering return to the lessee of rental payments already made. The basis for this judgment was that the machine was defective at the start of the lease and thus did not comply with the lessor’s warranty of serviceability implicit in all leases. The trial judge noted that the lease contained a waiver of all such warranties, express or implied, but ruled this clause unenforceable because it had not been pointed out…