Commercial Law Keyed to Lopucki
Colonial Pacific Leasing Corp. v. J.W.C.J.R. Corp
Defendant signed a finance lease agreement with Plaintiff for the purchase of computer equipment. Prior to the arrival of the eqipment Plaintiff had Defendant sign an “acceptance and acknowledgment form” including a statement acknowledging the equipment had been received and was satisfactory. After the arrival of the equipment Plaintiff elicited a statement from Defendant that the equipment was working properly. The same day the system crashed. Defendant contacted Plaintiff twice stating that the equipment did not work. Defendant claims Plaintiff agreed to cancel the contract. Defendant ceased further payments. Plaintiff sought to recover payments two years later. After Defendant refused, Plaintiff filed suit.
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