C. Ray Miles Construction Co., Inc. v. Weaver

Sanders, Chief Judge:

Respondent C. Ray Miles Construction Company and appellant R. E. Weaver, d/b/a Weaver Land Clearing Company, entered into a contract by the terms of which the construction company leased certain earth moving equipment to Mr. Weaver. The construction company thereafter sued Mr. Weaver, alleging rent due under the lease and “damages to the leased earth-moving equipment.” Mr. Weaver answered and counterclaimed against the construction company, alleging breach of both express and implied warranties “that the subject machine was reasonably fit for the purpose which the…