1. The applicant Cord Forwarders, Inc. («Cord») is a Missouri-based company with its main location in St. Louis County, Missouri. Cord`s business is to inform its customers of road-truck services in order to transport the product or freight from customers from one site to another. 3. Ryder and the non-partisan show Me Express, Inc. («Show Me») were parties to a lease and service agreement («Show Me Master Lease» of December 4, 1998) and a series of vehicle leases characterized by separate schedule-A agreements (the «Show Me Leases»). (Pltf.
Essay version Ex. 1, 2). 11. At Mr. Ryan`s request, Mr. Palo requested and obtained leasing contracts and documents relating to OVL equipment and the Me Equipment show from Mr. Noel. (Tr I at 42, 94 , 96). 25.
Cord relied on the agreement with Ryder, which appears in Mr. Noel`s April 25, 2001 e-mail in memory of the agreement that Cord could place orders for OVL equipment and me Equipment without penalty on July 1, 2002. (Tr I at 113 – 115; Tr. II to 21). Ryder ChoiceLease Full Service offers our most comprehensive commercial truck leasing with integrated maintenance, flexible terms, financing and value-added services. This allows you to reduce costs with predictable monthly payments, increase efficiency and have more time to focus on your core business. Choose the truck leasing contract you need, with built-in truck maintenance that matches your business. Get a reliable solution that maximizes your operating time to more than 95% and eliminates outages and gives you access to our more than 800 coast-to-coast service sites. First, it is considered that a full-service lease is more expensive than managing a fleet on its own account. In January 2004, Cord Ryder announced that it had experienced a significant decline in activity and would terminate its commitments to Show Me Equipment. Ryder refused to recognize Cord`s right to terminate due to a major business downturn.
Due to the circumstances, Cord continued to use Show Me Equipment until the lease was terminated. Ryder, which takes into account the Court`s finding that Cord is not bound by such conditions of such a lease agreement, is simply not entitled to legal fees. When a party claims legal fees on the basis of a contract, the court cannot go beyond the contract and must comply with the specific terms of the contract. Trimble v. Pracna, 167 S.W.3d 706, 714 (Mo. bench 2005) «The purpose of the contract construction is to identify the intent of the parties and to achieve that intention, which is determined solely on the basis of the contract, unless the contract is ambiguous.» Id. The basis for this assertion was that the exercise of the purchase option would allow Sutton to operate these vehicles as owners and not as an operating lender. Sutton preferred to testify that the option purchase price was nominal and that the agreement was nothing more than a disguised sales contract. Sutton argues that the court erred in excluding this testimony. Again, we do not agree.
As mentioned above, a full service rental differs from traditional leasing options because of the additional benefits and functionality. Full service leasing is not the best option for all truck fleets. There are several factors that need to be considered before opting for a full service lease. In Robinson v. Champion, 251 Ark. 817, 475 S.W.2d 677 (1972), this court identified a number of factors to consider in determining the adequacy of legal fees. These considerations included the lawyer`s skills and experience, the relationship between the parties, the difficulty of the services, the extent of the litigation, the time and work devoted to the case, the fee usually charged and the results obtained. These factors are also set out in Rule 1.5 of the type rules for professional behaviour. These rules have, of course, been adopted by this court.