Monarch Refineries, Inc. v. Union Tank Car Co.

GIBSON, V. C. J.

This is an action to recover the rental value' of certain tank cars. The trial court rendered judgment for plaintiff on directed verdict for the amount sued for, and defendant appeals.

The parties have stipulated that the tank cars were used by defendant for the time and in the manner alleged in the petition, leaving the measure of recovery as the only issue for determination.

Plaintis'instituted and prosecuted its case on the theory of quasi contract, or an obligation on the part of defendant arising by implication or operation of law to pay to plaintiff its own prevailing…