Bunting Tractor Co. v. Roy L. Houck Sons' Corp.

The plaintiff, Bunting, rented earth moving equipment to the defendant, Houclc, a road construction contractor. Bunting brought this action alleging a breach of the rental contract. Houck counterclaimed alleging that Bunting breached the contract. The trial court sitting without a jury, found against Bunting and awarded Houck $81,000 on its counterclaim. Bunting appeals.

The written rental agreement provided that Bunting would provide sufficient vehicles and operators to Houck so that Houck could move 1,000 cubic yards of earth per hour from a borrow area to certain highway and bridge fills.…