Palfreyman v. Bates & Rogers Const. Co.

CROCKETT, District Judge.

This controversy centers around the rental of some heavy construction equipment to the defendant company by the plaintiff. The principal question is whether or not a certain power shovel and dragline were accepted for use by the defendant on June 28, 1942, as claimed by the plaintiff, or on July 16, 1942, as claimed by the defendant. The trial court found in favor of defendant. Plaintiff assigns this finding as error and asserts that his claim in that regard is supported by uncon'tradicted evidence.

The defendant company was engaged in the construction of a steel plant…