Wheeler v. Rebel Truck Rental, Inc., 46716

• Decision Date: 07 February 1972
• Docket Number: No. 46716,No. 1,46716,1
• Citation: 188 S.E.2d 155,125 Ga.App. 431
• Parties: Charles H. WHEELER v. REBEL TRUCK RENTAL, INC
• Court: Georgia Court of Appeals

Page 155

188 S.E.2d 155

125 Ga.App. 431

Charles H. WHEELER v. REBEL TRUCK RENTAL, INC.

No. 46716.

Court of Appeals of Georgia, Division No. 1.

Feb. 7, 1972.

W. J. Patterson, Jr., Macon, for appellant.

Jones, Cork, Miller & Benton, Carr G. Dodson, Macon, for appellee.

Syllabus Opinion by the Court

PANNELL, Judge.

This case is an action seeking to recover the purchase price of three trucks, the subject matter of a lease and purchase agreement between Rebel Truck Rental, Inc., plaintiff-appellee and C. H. Wheeler, defendant-appellant. The trial judge granted a motion for summary judgment in behalf of the plaintiff and denied the defendant's motion for judgment on the pleadings. The only question to be decided is one involving the construction of the contract, that is, whether under its terms, the plaintiff was entitled to terminate the contract of lease and compel the purchase of the vehicles by the defendant. Article I provides: 'Owner does hereby lease to customer the motor vehicle or vehicles described in 'Schedule A,' attached hereto and made a part hereof. This lease shall become effective with respect to each vehicle on the 'delivery date' for that specific vehicle as set forth in 'Schedule A' and shall continue in effect with respect to each vehicle described in 'Schedule A' for a period of five (5) year(s) from the 'delivery date' affecting each vehicle, and from year to year thereafter until terminated as provided for in Article V.' Article V, Par. 1 provides: 'Customer may cancel this agreement as to all or any part of the equipment leased hereunder on any anniversary of the effective date as established by the provisions of Article 1 affecting the particular vehicles being cancelled, by giving owner thirty (30) days written notice prior to the anniversary date. In the event customer cancels the agreement as to all or any of the trucks listed in 'Schedule A', customer shall purchase such vehicles for cash at the cost less the depreciation set forth in 'Schedule A'. In the event customer fails to purchase such vehicles, owner may dispose of such vehicles at such price as may be obtainable and customer shall be liable to the owner for any balance which may be due as a result of such sale. Provided, further, that owner may pursue such other legal or equitable remedy permitted by law. However, in no event shall the purchase price be less than fifteen (15) percent of the cost of each vehicle.' Article V, Par. 2 provides: 'Owner may cancel this agreement as to all the equipment leased hereunder on any anniversary of the effective date as established by the provisions of Article I affecting the vehicles being cancelled, by giving customer thirty (30) days written notice prior to the anniversary of the effective date. Customer shall then be required to purchase the vehicles then being leased under this agreement as described in ...