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03/31/95 WILLIAMS NATIONALEASE v. KATHLEEN J.

March 31, 1995

WILLIAMS NATIONALEASE, LTD., A CORPORATION, PLAINTIFF-APPELLANT,
v.
KATHLEEN J. MOTTER, DEFENDANT-APPELLEE.



Appeal from Circuit Court of McLean County. No. 92LM604. Honorable Joseph H. Kelley, Judge Presiding.

Released for Publication March 31, 1995. As Corrected May 10, 1995.

Honorable Carl A. Lund, J., Honorable Frederick S. Green, J., Honorable Robert J. Steigmann, J., Concurring.

The opinion of the court was delivered by: Lund

JUSTICE LUND delivered the opinion of the court:

In the process of leasing trucks for use in its business, Motter Enterprises, Inc. (Motter Enterprises), furnished an "APPLICATION FOR CREDIT" to Williams Nationalease, Ltd. (Nationalease). This application contained the signature of Ronnie Motter and, under "WIFE'S NAME," the name of Kathleen Motter. It also listed the business name as Motter Enterprises and, under the title of "PRINCIPALS: OFFICERS OR PARTNERS," listed "Ron Motter." It then provided that "Ron Motter" was "WHO IS AUTHORIZED TO PURCHASE." The "APPROXIMATE MONTHLY PURCHASES ANTICIPATED" was "$2000.00 - $4000.00." Minimum information as to trucks already owned by Motter Enterprises, as well as employment information relating to the "WIFE," was provided. Credit references were listed. The second page of the application was a "BLANKET SALES TAX EXEMPTION CERTIFICATE" dated June 3, 1992, and executed by "Ron Motter, President." The third page was the following:

"MUST BE SIGNED BY OWNER OR DULY AUTHORIZED OFFICER IF A CORPORATION

PRINT

NAME: Ron Motter WITNESS: Nancy L. Pierce

SIGNED: Ron Motter DATE: 6-3-92

TITLE: President

DATE: 6/3/92

IF CORPORATION, INDIVIDUALLY GUARANTEED BY:

NAME: Ron Motter NAME: Kathleen J. Motter

SIGN: Ron Motter SIGN: ...


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