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TRI-CITIES FORKLIFT CO. v. CONASAUGA RIVER LUMBER CO.

700 S.W.2d 548 (1985)

TRI-CITIES FORKLIFT COMPANY, INC., Plaintiff-Appellant, v. CONASAUGA RIVER LUMBER COMPANY, Defendant-Appellee.

Court of Appeals of Tennessee, Eastern Section.

Permission to Appeal Denied September 30, 1985.

Attorney(s) appearing for the Case

M. Randall Sellers, Jenne, Scott & Sellers, Cleveland, for plaintiff-appellant.

Michael E. Callaway, Bell, Painter, McMurray, Callaway, Brown & Headrick, Cleveland, for defendant-appellee.

Permission to Appeal Denied by Supreme Court September 30, 1985.

OPINION

SANDERS, Judge.

The pivotal question on this appeal is whether the written provisions of a lease on a forklift truck are controlling or whether extrinsic evidence establishes a transaction constituting a sale of the equipment.

On September 11, 1980, the Plaintiff-Appellant, Tri-Cities Forklift Company, Inc., entered into a lease agreement with the Defendant-Appellee...

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