UNITED STATES LEASING CORP. v. SMITH

No. 1040.

555 S.W.2d 766 (1977)

UNITED STATES LEASING CORPORATION, Appellant, v. Patsy Pollock SMITH, Individually & d/b/a Continental Inn, Appellee.

Court of Civil Appeals of Texas, Tyler.

Rehearing Denied October 6, 1977.


Attorney(s) appearing for the Case

William A. Petersen, Jr., Lapin, Totz & Mayer, Houston, for appellant.

Edmund F. Benchoff, Benchoff & Guidry, Nacogdoches, for appellee.


McKAY, Justice.

This case involves the question of whether certain terms in a lease of various items of office equipment, including a mailing machine, constituted liquidated damages. Appellant filed suit against appellee seeking to recover amounts allegedly due under the lease in question.

In its original petition appellant alleged that it was entitled to recover "as liquidated damages the rental due for the entire 60-month term of the lease together with...

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