Contracts Keyed to Summers
Fairfield Leasing Corporation v. Techni-Graphics, Inc.
On January 30, 1991, Techni-Graphics, Inc. (Defendant) entered a lease to rent a coffee machine from U-Vend, Inc. (Third-party Defendant). The lease was signed together with a personal guarantee. The lease was a standardized form contract made up of 23 paragraphs. A jury waiver provision was contained in the last part of Paragraph 22. The jury waiver provision also appeared in lines 21 to 23 of a 25-line paragraph in the guarantee. The contract and the guarantee were both single-spaced and their characters were about half the size usually produced by a typewriter. Third-party Defendant subsequently assigned the lease to Fairfield Leasing Corporation (Plaintiff). The contract provided that only Third-party Defendant would be responsible for coffee machine defects and such defects would not affect Defendant’s obligation to pay Plaintiff. Defendant stopped making payments in March 1991 due to alleged defects with the coffee machine. Plaintiff sued for breach of contract and Defendant added Third-party Defendant as a third-party defendant. Defendant sought a trial by jury. Plaintiff and Third-party Defendant brought a motion to strike Defendant’s jury demand based on the jury waiver provision.
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