Background

• Bennington, a commercial leasing company, leased ten heavy-duty bins to the defendants in March 2021.
• Payments were made until February 2022, after which the defendants defaulted.
• Bennington demanded return of the bins, but the defendants refused, leading to this lawsuit and a motion for summary judgment.

Defendants' Position

• Argued the agreement was misrepresented as a lease but was actually a financing contract with unfavorable terms.
• Alleged Bennington failed to provide proper disclosure, breached its duty of good faith, and that the contract was fraudulent.
• Claimed the signature on the credit application was not Mr. Graham’s, denied signing the lease, and argued required financing steps were skipped.
• Asserted that payments started before receiving the bins and were increased without notice.
• A third-party claim against the leasing agent was dismissed due to the defendants' non-attendance.

Court's Findings

• A recorded call confirmed Mr. Graham acknowledged signing the lease.
• The defendants made payments for over a year, undermining claims of misrepresentation.
• The court found no genuine issue requiring a trial and granted summary judgment for $61,792.45.

Interest & Costs

• The plaintiff may seek post-judgment interest, but the court preferred the statutory rate over the 26.82% contractual rate.
• Written submissions due: Plaintiff – February 28, 2025; Defendants – March 10, 2025.