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Dollar Bank Leasing Co. v. Elms County Club

Court of Appeals of Ohio, Fifth District

July 8, 2013

DOLLAR BANK LEASING CO. Plaintiff-Appellee
v.
ELMS COUNTRY CLUB Defendant-Appellant

Civil Appeal from the Court of Common Pleas, Case No. 2004 CV 03858

For Plaintiff-Appellee ERIC T. DEIGHTON PHYLLIS ULRICH CARLISLE, MCNELLIE, RINI KRAMER & ULRICH

For Defendant-Appellant JACOB T. WILL

Hon. John W. Wise, P. J. Hon. Patricia A. Delaney, J. Hon. Craig R. Baldwin, J.

OPINION

Wise, P. J.

{¶1} Appellant Elms Country Club appeals the October 12, 2012, decision of the Stark County Common Pleas Court granting summary judgment in favor of Appellee Dollar Bank Leasing Corp.

STATEMENT OF THE FACTS AND CASE

{¶2} On February 14, 2004, Appellant Elms Country Club (Elms) and Appellee Dollar Bank Leasing Corp. (Dollar Bank) entered into a commercial lease agreement in which the vendor, Royal Links USA, Inc. (Royal Links), provided Elms with a piece of equipment called a Beverage Caddy Express Cart

{¶3} Elms entered into the agreement after conversations with a representative from Royal Links. Elms never spoke to a representative from Dollar Bank regarding same. Elms understood the lease to be a "zero-net lease, " and that Royal Links would pay Elms the amount of the monthly lease payments for the equipment, which Elms would then pay to Dollar Bank.

{¶4} The lease agreement listed the value of the total equipment cost as $13, 625.76. The obligation of Elms to Dollar Bank was 60 payments at $331.51 each.

{¶5} In October of 2004, Royal Links stopped making payments to Elms.

{¶6} The only payments received by Dollar Bank from Elms were four checks each in the amount of $331.51.

{¶7} As of October 28, 2004, there remains due and owing on the commercial lease agreement the sum of $13, 692.38 plus interest thereafter at the rate of $4.61 per diem.

{¶8} Elms retained the Beverage Caddy Express, and still has possession of same at this time. Dollar Bank has never ...


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