(DOWNLOAD) "Dillman Assoc., Inc. v. Capitol Leas. Co." by Illinois Appellate Court — Fourth District Reversed and Remanded ~ eBook PDF Kindle ePub Free
eBook details
- Title: Dillman Assoc., Inc. v. Capitol Leas. Co.
- Author : Illinois Appellate Court — Fourth District Reversed and Remanded
- Release Date : January 15, 1982
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 72 KB
Description
This case concerns the question of whether an equipment lease entered into between two business entities, under which the lessor completely disclaims all responsibility for performance of the leased equipment, is unconscionable. On April 23, 1981, plaintiff filed a complaint in the Macon County circuit court, alleging that a copying machine it had leased from defendant was not performing adequately and that the lease agreement, which completely relieved defendant of all responsibility for performance of the machine, was unconscionable. In addition to its prayer that it be relieved of its obligations under the lease because of the lease's alleged unconscionability, Dillman and Associates also requested damages stemming from the copier's alleged nonmerchantability. Defendant filed a counterclaim on August 16, 1981, in which it asked for an award of the entire balance remaining due under the lease, plus attorney fees. At the conclusion of a bench trial on January 5, 1982, the court held that the lease was unconscionable, but ruled against plaintiff on its claim for damages flowing from the copier's alleged nonmerchantability. The court also denied defendant's counterclaim. The lease at issue is a form contract, and all portions thereof, except for the names and addresses of the parties, the description of the equipment, term of the lease, number and amount of lease payments, and the date of the lease, are preprinted. The term of the lease is five years, and the copier is to be returned to defendant at the end of that time. The lease contains three express disclaimers of warranty. The first appears on the face of the lease, immediately below the description of the copier and reads:
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