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DITCH WITCH TRENCHING v. C & S CARPENTRY

No. 90-CA-1147-S.

812 S.W.2d 171 (1991)

DITCH WITCH TRENCHING COMPANY OF KENTUCKY, INC., Appellant, v. C & S CARPENTRY SERVICES, INC., Appellee.

Court of Appeals of Kentucky.

April 26, 1991.

Attorney(s) appearing for the Case

Keith D. Duerr, Huddleston & Van Zant, P.S.C., Elizabethtown, for appellant.

Stephen G. Wheatley, Pearl, Musselwhite, Wheatley, Smith & Gohman, Radcliff, for appellee.

Before GUDGEL, HOWARD and McDONALD, JJ.

McDONALD, Judge.

In this case we are presented with an issue of first impression in this jurisdiction concerning the applicability, if any, of KRS 355.1-207 to a "full payment" check situation.

The facts are uncomplicated and not in dispute. The appellant/creditor, Ditch Witch Trenching Company of Kentucky, Inc., is in the business of renting equipment. It leased a tractor and plow attachment to the appellee/debtor, C & S Carpentry Services, Inc., who...

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