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AMERICAN FRUIT PURVEYORS, INC. v. AVIS RENT-A-CAR SYSTEMS, INC.

44035, 44036.

118 Ga. App. 840 (1968)

165 S.E.2d 879

AMERICAN FRUIT PURVEYORS, INC. v. AVIS RENT-A-CAR SYSTEMS, INC.; and vice versa.

Court of Appeals of Georgia.

Decided December 2, 1968.

Rehearing Denied December 17, 1968.

Attorney(s) appearing for the Case

Kaler, Karesh & Rubin, Paul M. McLarty, Jr., Heyman & Sizemore, Joseph Lefkoff, for appellant.

Kilpatrick, Cody, Rogers, McClatchey & Regenstein, Barry Phillips, R. Lawrence Ashe, Jr., for appellee.

DEEN, Judge.

Avis Rent-a-car Systems, Inc. entered into a printed form "Truck Lease and Service Agreement" with American Fruit Purveyors, Inc., which by its terms was to continue indefinitely until terminated as provided in the agreement. Two paragraphs of the agreement deal with termination. Paragraph 14, headed "Business Failure" provided conditions under which the lessor might repossess vehicles, sell them, and charge the difference between sale price and

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