EQUILEASE CORP. v. WILLIAMS STEEL INDUSTRIES

No. 83-804.

452 So.2d 40 (1984)

EQUILEASE CORPORATION, a New York Corporation, Appellant, v. WILLIAMS STEEL INDUSTRIES, INC., a Florida Corporation and S.W. Williams, Appellees.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied June 15, 1984.


Attorney(s) appearing for the Case

Anne C. Conway, of Carlton, Fields, Ward, Emmanuel, Smith & Cutler, P.A., Orlando, for appellant.

George E. Hovis, Clermont, for appellees.


SHARP, Judge.

Equilease Corporation (Equilease) appeals from a final judgment which denied it recovery against Williams Steel Industries, Inc. (W.S.I.), as lessee of a new Mori Seiki Engine Lathe and against S.W. Williams, president of W.S.I., as guarantor of the lease. The lower court found for the appellees because it ruled they established, as a matter of law, their defense of failure of consideration. We disagree and reverse.

The evidence at trial disclosed...

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