Contractors Equipment Co. v. Essex Crane Rental Corp.

On Motion for Rehearing.

It is urged that the conflict in the parties’ positions shows the figure that was to be subtracted from $5,250 was either a ceiling of $1,000 as contended by Essex, or actual cost as contended by Contractors; that the trial court had obviously chosen to go with the actual cost position urged by Contractors, but that it erroneously selected the $1,600 “guesstimate”; that there was uncontradicted evidence that the cost of converting the crane was $1,726.63, which the trial court overlooked; and that the proper disposition for this court to make is to affirm the court…