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Contracts Keyed to Frier
Williams v. Walker-Thomas Furniture Co.
Citation:
121 U.S. App. D.C. 315, 350 F.2d 445 (1965)Facts
Plaintiff owned and operated a retail furniture store that routinely leased items to customers under lease agreements which provided that customers would make a series of installment payments. Plaintiff would retain title to the items until all payments were made, at which time title would pass to the customer. All Plaintiff’s lease agreements also contained a unique provision that every time a new item was leased by a customer, a balance would become due on all items previously leased by that customer until the entire balance for all items was liquidated. The effect of this provision was that if a customer defaulted on his most recent purchase, Plaintiff could attempt to repossess all previous purchases by that customer. Defendant purchased a stereo from Plaintiff and defaulted shortly thereafter. Plaintiff sued to recover on the stereo as well as all other items previously purchased by Defendant. The trial court granted judgment for Plaintiff, and the appellate court affirmed. Defendant and other defendants appealed.
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Topic Resources
Topic Refresher Course
Excuse to Performance