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LEASING SERVICE CORP. v. JUSTICE

No. 769, Docket 81-7794.

673 F.2d 70 (1982)

LEASING SERVICE CORPORATION, Plaintiff-Appellee, v. Virgil B. JUSTICE and David F. Childers, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided March 10, 1982.

Attorney(s) appearing for the Case

Herman W. Lester, Combs & Lester, Pikeville, Ky. (Sherman H. Saiger, Saiger & Cohen, New York City, of counsel), for defendants-appellants.

Sol D. Bromberg, New York City, for plaintiff-appellee.

Before KAUFMAN and PIERCE, Circuit Judges, and HAIGHT, District Judge.

IRVING R. KAUFMAN, Circuit Judge:

More than three centuries ago, in The Merchant of Venice, Shakespeare tellingly illustrated the evil of agreements which exact a "pound of flesh." Since that time, courts have grappled with the problem of oppressive contracts through the doctrine of unconscionability. Originating in Equity as a form of relief against the harshness of penal bonds,1 this doctrine has been employed by courts to deny...

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