Lee Const. Co. v. L. M. Ray Const. Corp.

McCALEB, Justice.

Plaintiff is appealing from a judgment dismissing its suit on an exception of no cause of action. The suit is for recovery of $37,784.37, part of which ($18,900.04) is allegedly due by defendant as rent for the use of a Lima Combination Lifting Clam-shall and Dragline .and the balance $18,-884.33) for the cost of repairs rendered necessary by reason of damage sustained by the machine while it was in defendant’s possession. The claim is founded on three written contracts, executed on February 21, 1949 in Houston, Texas, whereunder defendant was given possession of the machine…