Asbell Bros., Inc. v. Nash-Davis MacHinery Company

The question raised on appeal in this case by appellant, Asbell Bros., Inc., relates to the measure of damages.

Nash-Davis Machinery Company, the appellee, sold new construction equipment to Asbell, taking in used machinery. An arrangement was made for Asbell to complete the job it was on with the old equipment, after which such equipment was to be delivered to Nash-Davis. The purchase contract provided:

“Used machines to be delivered to Thermopolis in same condition as when inspected Mar 9, [19]61. Tires to be newly recapped with full caps if worn more than 50% tread height & sections…