L. & B. EQUIPMENT COMPANY v. McDonald

SEYMOUR, Justice.

Appellee sued appellant for $2500 damages allegedly arising from appellant’s refusal to accept delivery of a truck chassis ordered by appellant from appellee for use on appellant’s school bus. Prior to trial and in mitigation of damages, appellee sold the chassis to a third party for $1500. Trial before the court without a jury resulted in judgment for appellee of $750, from which judgment this appeal is taken.

Briefly the facts are these: Appellee, a co-partnership dealing in heavy equipment and motor vehicles, negotiated with appellant who, as the owner and operator of six…