Des Moines Asphalt Paving Co. v. Lincoln Place Co.

In its petition appellant alleges that, on certain dates, appellee used certain machinery belonging to appellant. It alleges the fair and reasonable value of the use of said machinery, and seeks recovery for the amount s0 aHe§‘ed- Appellee, by answer, met this issue with a general denial. Appellant offered proof tending to show that appellee had used a certain concrete mixer belonging to appellant, and introduced evidence in regard to the fair and reasonable value of such use. Appellee offered its proof tending to show that it made an oral contract for the use of said mixer with one of the…