Thompson Lumber Co. v. Cozier Container Corp.

SMITH, Justice.

Respondent brought this action on a written contract, to recover six months’ rental on a U D 24 Power Unit, and the repair and incidental costs of placing the equipment “in sound operating condition.”

Respondent in its amended complaint alleges that on April 8, 1953, it rented the power unit to appellant for the agreed rental of $100 a month, which equipment appellant agreed to return in sound operating condition.

Relevant portions of the rental agreement read:

“The party of the first part [respondent] agrees to rent to the party of the second part [appellant] * * * the U D 24…