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CIT GROUP/SALES FINANCING INC. v. LARK

No. 66289.

906 S.W.2d 865 (1995)

The CIT GROUP/SALES FINANCING INC., Plaintiff/Respondent, v. John D. LARK, individually and d/b/a John D. Lark and Associates, Defendant/Appellant.

Missouri Court of Appeals, Eastern District, Division Three.

Motion for Rehearing and/or Transfer Denied September 8, 1995.

Application to Transfer Denied October 24, 1995.

Attorney(s) appearing for the Case

Charles A. Hapke, Diedre W. Foster, Weldon Springs, for appellant.

Theodore D. Dearing, Dearing & Hartzog, Clayton, for respondent.

Motion for Rehearing and/or Transfer to Supreme Court Denied September 8, 1995.

CRANE, Chief Judge.

The CIT Group/Sales Financing, Inc. (CIT) brought an action against John D. Lark to recover damages for breach of monthly payment obligations under a computer equipment lease agreement. Lark filed a counterclaim to recover damages for breach of the same agreement, claiming that he did not receive a certain software program identified as "release ten drivers...

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