Holmes Packaging MacH. Corp. v. Bingham

In this action brought by plaintiff, Holmes Packaging Machinery Corp., to recover from defendant, Byrum C. Bingham, money allegedly due in the form of rent under two leases of personal property, further to recover attorney’s fees under these agreements, and finally to have the respective rights of the parties under these agreements determined, Holmes appeals from a judgment in favor of Bingham. The basis of the trial court’s judgment being that Bingham was entitled to rescind the leases because of Holmes’ breach of implied warranties that the property leased thereunder was of merchantable…