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AM. CAN CO. v. U. S. CANNING CORP.

15 Misc.2d 549 (1958)

American Can Company, Appellant, v. U. S. Canning Corporation, Defendant, and Samuel Breiter & Co., Inc., Respondent.

Supreme Court, Appellate Term, First Department.

October 16, 1958.

Attorney(s) appearing for the Case

Kamen & Ostertag (Elliott A. Ferber and Ronald J. Moss of counsel), for appellant.

Joseph Schwartzman for respondent.

STEUER, J. P., and AURELIO, J., concur; HOFSTADTER, J., dissents in memorandum.

Per Curiam.

The learned court below was in error in concluding that the equipment lease was in fact a purchase agreement. There is no evidence that the rentals were to be considered as installments of purchase price even when the document headed "Instalment Purchase" is considered. Obviously this unsigned instrument is not in itself an agreement, as the court recognized. It does not support the intervening defendant's contention that the equipment lease contemporaneously...

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