McCurdy Concrete, Inc. v. L. Miller & Son, Inc.

WRIGHT, Presiding Judge.

Defendant appeals from a verdict and judgment in favor of plaintiff. We affirm.

Among other ventures, plaintiff is in the business of selling and distributing oxygen and other gases. The gas is contained in reusable cylinders, which are loaned to customers. Customers are allowed 30 days’ use of the cylinders, after which time demurrage is charged for each day the cylinders are retained.

For a number of years defendant and a companion company, McCurdy Mortar Company, Inc., operated similar businesses out of the same location. McCurdy Mortar later changed its name to…