MCS ENTERPRISES, LTD. v. HENRY


2006 Mass. App. Div. 47 (2006)

MCS Enterprises, Ltd. vs. William P. Henry

Massachusetts Appellate Division, Southern District.

March 24, 2006.


Attorney(s) appearing for the Case

Richard E. Gentilli for the plaintiff.

Stephen P. Kolberg for the defendant.

Present: Williams, P.J., Welsh & Barrett, JJ.


Barrett, J.

Defendant William P. Henry, d/b/a Ashley Trucking ("Henry"), entered into a "lease purchase" of his truck with Pete Nicklas ("Nicklas") that provided for Nicklas's $1,000.00 per month payments to be applied toward Nicklas's purchase of the truck for $20,000.00. The contract provided that, during the term of the lease, Nicklas would be "responsible for all matience [sic] and running expenses" and Henry's "Ashley Trucking" decal was to remain on the truck...

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