Legal Opinion
Smith Contracting Corp. v. Trojan Const. Co., Inc
Court of Appeals for the Tenth Circuit
Decided October 22, 1951No. 4246PublishedCited by 31 opinions
1Opinion of the Court
PHILLIPS, Chief Judge.
The Trojan Construction Company, Inc., 1 brought this action against Smith Contracting Corporation 2 to recover damages, in excess of normal wear and tear, to equipment leased by Trojan to Smith, occurring during the use of the equipment by Smith.
The leases were in writing and the two provisions thereof, here material, in each lease, read as follows:
“2. Determination of Rental Charges. * * * _
“(a) Monthly Rental Rates shall not be subject to any deductions on account of any non-working time in the month, but the amount of rent payable for any fraction of a month at the…
2Cases cited1 opinion
- Advance-Rumely Thresher Co. v. AlexanderSupreme Court of Oklahoma · 1932
3Cited by31 opinions
- Sil-Flo, Inc. v. SFHC, Inc.Court of Appeals for the Tenth Circuit · 1990
- Loretta A. Laird, Helen v. Laird and Eagle Star Insurance Company, Limited v. Air Carrier Engine Service, Inc.Court of Appeals for the Fifth Circuit · 1959
- Stadia Oil & Uranium Co. v. WheelisCourt of Appeals for the Tenth Circuit · 1957
- T. E. Stoner, Administrator of the Estate of James Kenneth Crowe v. William S. TerranellaCourt of Appeals for the Sixth Circuit · 1967
- The Budd Company v. The Travelers Indemnity CompanyCourt of Appeals for the Sixth Circuit · 1987
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