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ALLEGHENY INT'L CREDIT v. BIO-ENERGY, LINCOLN

21 Mass. App. Ct. 155 (1985)

485 N.E.2d 965

ALLEGHENY INTERNATIONAL CREDIT CORPORATION vs. BIO-ENERGY OF LINCOLN, INC., & another.

Appeals Court of Massachusetts, Norfolk.

November 29, 1985.

Attorney(s) appearing for the Case

Christine J. Benway for the defendants.

Marvin R. Finn for the plaintiff.

Present: DREBEN, KAPLAN, & WARNER, JJ.

DREBEN, J.

At the end of January, 1982, Bio-Energy of Lincoln, Inc. (Bio), and another2 sold a piece of earthmoving equipment for $75,000. At the same time, Bio entered into a three-year "lease" with the buyer which required Bio to pay a monthly rental fee. Bio paid the rent for one month but failed to make the remaining payments. The plaintiff, Allegheny International Credit Corporation (Allegheny), the assignee of the buyer, brought...

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