FLEMING v. CARROLL PUB. CO.

Nos. 88-751, 88-640.

581 A.2d 1219 (1990)

Joseph W. FLEMING, et al., t/a Equity Leasing 80F, Appellants/Cross Appellees, v. CARROLL PUBLISHING COMPANY, Appellee/Cross Appellant.

District of Columbia Court of Appeals.

Decided October 26, 1990.


Attorney(s) appearing for the Case

Christopher M. Kerns, for Joseph W. Fleming, et al.

Paul R. Smoller, for Carroll Pub. Co.

Before FERREN, STEADMAN and FARRELL, Associate Judges.


STEADMAN, Associate Judge:

This case presents several questions arising under Article 9 of the District of Columbia's version of the Uniform Commercial Code. A creditor that "leased" computer equipment and software to a user and later repossessed part of the property seeks to recover the balance due on the "lease." The issues include: (1) whether the controlling document was a "true lease" or a security agreement; (2) if a security agreement, whether the secured creditor...

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