U-Drive-It v. Ernst

Plaintiff, U-Drive-It, Inc., is engaged in the business of renting automobiles owned by it to the general public. It conducts its operations in the city of New Orleans. On June 28, 1944, at about 9:00 o'clock p.m., plaintiff rented a Chevrolet automobile to the defendant, Frederick G. Ernst, under a written contract which provided, in part, as follows:

"The customer agrees that the car rented has been inspected, is in first-class condition, and will be returned in like condition * * *."

In connection witlh the agreement, plaintiff required defendant to make a rental deposit of $35. Defendant…