Legal Opinion

United States of America, Intervenor v. Seaboard MacHinery Corporation

Court of Appeals for the Fifth Circuit

Decided November 25, 1959No. 17238PublishedCited by 9 opinions

Simpson, District Judge, dissented.

1Opinion of the Court

TUTTLE, Circuit Judge.

On December 14, 1951 Seaboard Machinery Corporation and the United States entered into a contract under which the United States leased to Seaboard specified equipment to be used at the shipyard of Seaboard in its plant at *818Panama City, Florida. This contract was denominated an “Equipment Lease.” It provided for an annual rental payment of $9,074.79, later increased by $421.75 per year for additional equipment.

Included in the terms of the Equipment Lease was the following:

“9. The Hirer covenants and agrees to use the said machines in a careful and prudent manner during the…

2Cases cited5 opinions

  1. Sturm v. BokerSupreme Court of the United States · 1893
  2. Sun Printing and Publishing Assn. v. MooreSupreme Court of the United States · 1902
  3. Priebe & Sons, Inc. v. United StatesSupreme Court of the United States · 1947
  4. Dermott v. JonesSupreme Court of the United States · 1865
  5. Reconstruction Finance Corp. v. Peterson Bros.Court of Appeals for the Fifth Circuit · 1947

3Cited by9 opinions

  1. United States Fidelity & Guaranty Co. v. SlifkinDistrict Court, N.D. Alabama · 1961
  2. United States v. Leo LutzCourt of Appeals for the Fifth Circuit · 1961
  3. McKenzie Equipment Co. v. Hess Oil & Chemical Corp.Texas Supreme Court · 1970
  4. Caputo v. Blackstone Mutual InsuranceDistrict Court, W.D. Pennsylvania · 1971
  5. Farrell Marine Devices, Inc. v. The United StatesUnited States Court of Claims · 1967

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