Reconstruction Finance Corp. v. Peterson Bros.

HUTCHESON, Circuit Judge.

Brought against Defense Plant Corporation, Reconstruction Finance Corporation, as successor to its liabilities, Arthur G. McKee and Company, American Rolling Mill Company, and Sheffield Steel of Texas, the suit was for the- value of a steam hoist which had been rented to the Defense Plant Corporation and destroyed by fire. The rental agreement, which was entirely written, contained the following provision:

“On the termination of the rental term of any item of the Equipment, Contractor will return the same in as good condition as when delivered at the job site, usual…