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EVCO DISTRIBUTING v. COMMERCIAL CRED. EQUIP. CORP

No. 51,977

6 Kan. App. 2d 205 (1981)

627 P.2d 374

EVCO DISTRIBUTING, INC., Plaintiff-Appellee/Cross-Appellant, v. COMMERCIAL CREDIT EQUIPMENT CORPORATION, Defendant-Appellant, v. NORTHWESTERN NATIONAL INSURANCE COMPANY OF MILWAUKEE, WISCONSIN, Defendant/Cross-Appellee.

Court of Appeals of Kansas.

Opinion filed May 1, 1981.

Attorney(s) appearing for the Case

William F. Kluge, III, of Lambdin & Kluge, Chartered, of Wichita, for defendant-appellant.

C. Stanley Nelson, of Hampton, Royce, Engleman & Nelson, of Salina, for plaintiff-appellee/cross-appellant.

Clarence L. King, Jr., of King, Stokes, Knudson & Nitz, Chartered, of Salina, for defendant/cross-appellee.

Before JUSTICE PRAGER, presiding, ABBOTT, J., and J. PATRICK BRAZIL, District Judge, assigned.

Petition for review denied 229 Kan. 669.

PRAGER, J.:

This appeal involves a controversy between parties to a commercial tripartite finance lease. Lease transactions of this type involve three parties: (1) the supplier, (2) the financing agency as lessor, and (3) the buyer as lessee. Typically, a potential buyer will negotiate with the supplier for the purchase of certain equipment. In lieu of an outright purchase by the buyer, the supplier will sell the equipment...

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