Appeal from the Municipal Court of Chicago, First Municipal
District Court of the Circuit Court of Cook County; the Hon.
DWIGHT McKAY, Judge, presiding. Judgment reversed.
Rehearing denied August 14, 1968.
This action was brought by the plaintiffs to recover rentals allegedly due by virtue of a vehicle lease agreement wherein the plaintiffs leased three trucks to the defendant. The case was heard without a jury which culminated in the court entering a judgment against the defendant and assessing damages in the sum of $12,854. The defendant appeals from this judgment.
The salient facts are undisputed. On December 28, 1960, the plaintiffs, John A. Wright and Joseph T. Wright, doing business as Princeton Company, and the defendant, Douglas Furniture Corporation, entered into a vehicle lease agreement. Joseph T. Wright signed the agreement in behalf of the plaintiffs. Under the terms of the agreement the plaintiffs were to provide the defendant with three 1961 Ford Vans at a monthly rental rate of $222 per van for a period of six years, from December 28, 1960, to December 28, 1966.
Paragraph 1 (b) and 3 (b), (c) of the agreement provide as follows:
1. Lessor agrees with respect to each leased motor vehicle, to:
(b). Pay for all service, repairs and replacements for which Lessee is not required to pay by any other term or provision of this agreement.
3. It is further mutually agreed as follows:
(b). With respect to each said motor vehicle:
(i) Lessee shall pay for any lubrication and oil changes not less frequently than every 2,000 miles.
(ii) Lessee shall pay for gasoline, oil added between changes and permanent antifreeze required for the operation ...