Jalco, Inc. v. Tool Traders, Inc.

COLEMAN, Chief Justice.

Tool Traders, Inc. sued to recover on an account from Jaleo, Inc. for the rental of equipment and the value of equipment rented by defendant but not returned. The trial was to the court without a jury and resulted in a judgment for the plaintiff.

Jaleo contends that the trial court erroneously entered judgment for rentals which were not placed in issue by the pleadings and that Tool Traders was not entitled to recover under the bailment contract for the value of a pump and certain hose which were not returned because evidence was produced that these items were stolen.

By…