National Equipment Co. v. Heib

STANLEY, Commissioner.

Norman Heib rented a large caterpillar tractor clamshell shovel to the National Equipment Company for $695 a month under a written agreement which provided that the lessee should maintain the machinery and equipment while in its possession and return it “in as good condition as when received * * * usual wear and tear excepted.” The contract also provided that the lessee shoüld pay for all damages to the equipment except the usual and ordinary wear and tear. The machinery was returned to the lessor after having been used to unload coal from railroad cars by a sublessee.…