- -18 petitioner. Mr. Pisano was a witness in this case, but he was not asked and did not state whether he understood that Nikki's was to pay for tires for any of the trucks it leased to petitioner when he signed the lease on behalf of petitioner. He did say that for petitioner's fiscal year ending in 1990, petitioner had its busiest time and leased about 48 trucks from Nikki's, and he also stated that he furnished to Kurt Caillier his estimate of the number of tires the trucks operated by petitioner would use in a year. However, he was not asked and did not testify as to the number of tires he determined would be used for the 48 trucks in a year. This lack of evidence is particularly important in evaluating whether there was a mistake in the lease agreement since petitioner was billed by Gillette Tire for 993 tires at a cost of $387,637.30, but an adjustment to the account was made on May 30, 1990. The inference from this adjustment is that petitioner was no longer liable for the charge for these tires. The record also shows that it was not uncommon for one of the Caillier-owned corporations to pay expenses of another and make adjustments on the books of the corporations involved. Not only is there no strong proof in this case that the provision that Nikki's pay for the tires on the trucks rented to petitioner was a mistake; the evidence as a whole indicates that it was not a mistake in the agreement the parties entered into.Page: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
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