HERTZ COMMERCIAL LEASING CORP. v. JOSEPH


641 S.W.2d 753 (1982)

HERTZ COMMERCIAL LEASING CORPORATION, Appellant, v. Marcus JOSEPH, d/b/a Marcus Joseph Cars, Appellee.

Court of Appeals of Kentucky.

November 5, 1982.


Attorney(s) appearing for the Case

Ray A. Webb, Gess, Mattingly, Saunier & Atchison, Lexington, for appellant.

John C. Fogle, Bryan & Fogle, Mount Sterling, for appellee.

Before LESTER, WHITE and WINTERSHEIMER, JJ.


LESTER, Judge.

This is an appeal from a judgment, supported by findings of fact and a conclusion of law, dismissing the complaint of plaintiff-appellant based upon the pleadings only.

This litigation presents a procedural quagmire which we will narrate in chronological order. On June 29, 1977, appellant brought an action against appellee to recover a balance due of $19,150.95 under a leasing agreement for the rental of a muffler pipe bending machine and repossession...

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