Bardill Land & Lumber, Inc. v. Davis

The appellee Davis rented a crawler-tractor from the plaintiff for use in the demolition of defendant Fairbanks-Morse & Company’s factory in St. Johnsbury, Vermont. During the process of demolition, the tractor was extensively damaged by fire and the plaintiff brought suit against the defendants for damages. The parties entered into a stipulation of facts. Based upon the stipulation, the trial court issued findings of facts and conclusions of law. It determined that there was no negligence on either defendant’s part; that since the terms of the bailment contract were not proved, no contract…