Vandivier v. Tye

Opinion op the Court by

Commissioner Tinsley—

Affirming

The appellant, as plaintiff below, instituted this suit against the appellees, as defendants below, to recover a balance of $1,080 claimed to be due for rent of a steam shovel leased to them by written contract dated November 20, 1924, under which they took possession on that day, and for which they agreed to pay at the rate of $450 per month, alleging that they returned the shovel to him on September 12, 1925, and that the total amount of rent was the sum of $4,380, of which sum they had paid $3,300, and that there was due the balance sued…