SCREENING
STATEMENT
No. 07-1808
Polk
County No. LACL097533
C AND J LEASING CORP.,
Plaintiff-Appellee,
vs.
OUTLOOK FARM GOLF CLUB, LLC
d/b/a THE LINKS AT OUTLOOK
GOLF COURSE,
Defendant-Appellant.
Trial
Judge: Robert B.
Hanson
Appellate Counsel:
Paul S. Swinton of Parker, Simons & McNeill, P.L.C., West Des Moines, for
appellant.
Edward N. McConnell and Aaron H. Ginkens of Ginkens & McConnell, P.L.C.,
Clive, for appellee.
Trial Counsel:
Appellate counsel for the parties.
Trial judgment date: 9-21-07
Ready date: 11-12-08
Case context: Lessee of golf
course beverage carts acquired from vendor and financed by lessor appeals from
a summary judgment entered in favor of lessor's assignee awarding damages for
lessee's default on the lease. Lessee contends the district court erred in
failing to find it had a viable defense against the lessor based on the
vendor's own breach of contract because: (1) the transaction was a sale of
goods with a security interest, and not a finance lease; and/or (2) an agency
relationship or "close connection" existed between the vendor and the
lessor.
Return to Oral Argument Schedule
|