In the Matter of Marhoefer Packing Company, Inc., Bankrupt, Appeal of Robert Reiser & Company, Inc., Creditor

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that “where the lessee has the right to terminate the transaction, it is not a conditional sale”
• evidence that total rent was substantially less than purchase price of the equipment shows that a sale was not intended
• arrangement was a true lease because, among other reasons, \the total amount of rent Marhoefer was to pay under the lease was substantially less than\ what Marhoefer would have had to pay if it had financed the purchase
• arrangement was a true lease because, among other reasons, \the total amount of rent Marhoefer was to pay under the lease was substantially less than\ what Marhoefer would have had to pay if it had financed the purchase
• original transaction deemed a lease where the lessee “was given a right to terminate the agreement after the first four years and cease making payments without [the second four-year term and option to acquire the goods for $1.00] ever becoming operative”
• “[I]n determining whether an option price is nominal, the proper figure to compare it with is not the actual fair market value of the leased goods at the time the option arises, but their fair market value at that time as anticipated by the parties when the lease is signed.”

Source: CourtListener parenthetical corpus (CC0).