Carey v. Beebe Concrete Co.

The opinion of the court was delivered by

Mason, J.:

The Carey Coal Company, an individual doing business under that name, sued the Beebe Concrete Company, a copartnership, upon an account. There was no controversy over this, but a trial was had upon a cross-demand. The defendants had furnished for the use of the plaintiff a second-hand steam engine. They assert that this was done under an agreement that they were to be paid a reasonable price for its use, that it was used for 230 days, and that its use was worth $5 a day. The plaintiff contends that the agreement was that he was to have the…