POTOMAC LEASING v. VITALITY CENTERS, INC.

No. 86-73.

718 S.W.2d 928 (1986)

290 Ark. 265

POTOMAC LEASING COMPANY, Appellant, v. VITALITY CENTERS, INC. and Claudene Cato, Appellees.

Supreme Court of Arkansas.

November 10, 1986.


Attorney(s) appearing for the Case

Wright, Lindsey & Jennings by H. Keith Morrison, Little Rock, for appellant.

Morgan E. Welch, N. Little Rock, for appellees.


HOLT, Chief Justice.

The issue here is whether a lessee of goods may raise illegality of the lease as a defense to an action to enforce the lease, when the illegality arises from the lessee's intended use of the goods. We hold the lessee may not under these circumstances and reverse the trial court. Jurisdiction is pursuant to Sup.Ct.R. 29(1)(c).

Vitality Centers, Inc., appellee, entered into a lease agreement, which was guaranteed by Claudene Cato, co-appellee...

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