Klivans, Inc. v. Routzahn

JONES, District Judge.

A jury was waived by written stipulation of the parties, and the ease tried and submitted to the court. Upon due consideration, the defendant’s motion for judgment will be sustained. Upon request, findings of fact and conclusions of law have been entered.

The plaintiff had the right to sell its merchandise under any form of valid agreement. It chose to call its contract a lease, and no sound reason is advanced for taking it out of that category. Ohio being a state where conditional sales contracts, rather than leases, are 'the customary instruments employed for such…