Tucker Equipment Sales, Inc. v. Thomas W. Bailey

Breach of Lease, Breach of Contract - Tucker Equipment Sales, Inc., entered into a lease/purchase agreement with Thomas W. Bailey for a front-end loader. The lease executed was a 30-day lease with a 90-day rental option and a purchase option. Although Bailey paid one month's rent in advance, he did not return the loader or pay the second month's rent before Tucker repossessed it. Tucker sued Bailey for breaching the terms of the agreement and Bailey counterclaimed asserting that Tucker breached the leasing agreement by failing to provide equipment in proper working order or to make timely repairs, for which Bailey had contacted Tucker numerous times. It was undisputed that during the rental period the machine chronically overheated, blew a head gasket, and had an electrical problem. Bailey claimed that the waiver of certain implied warranties under the contract was invalid because the language was not conspicuous.

Plaintiff's Verdict

Unknown

Unknown

The Court of Appeals of Georgia affirmed in part, reversed in part, and remanded with direction. See 510 S.E.2d 904 (Ga.App. 1999). Note that the above cited date is the date of appellate decision and not the trial date. Reported by C.H.