Bruton v. Automatic Welding & Supply Corporation

OPINION

BOOCHEVER, Justice.

We are here confronted with the question of whether the owner of a tractor or the person using it with his permission is liable to a repair shop for major repairs undertaken at the request of the borrower without prior authorization of the owner.

In the fall of 1969, appellant Jerry Bru-ton loaned a D8 Caterpillar rent-free to appellee Dr. David Ekvall, who wanted to clear some of his land as a field for horse riding activities. By their informal oral agreement, Ekvall was to provide an operator, pay for the fuel consumed and perform routine maintenance. Nothing was…