R.B. Tractors, Inc. v. Mann

OPINION

BIERY, Justice.

The opinion of this court delivered September 27,1989 is withdrawn and this opinion is substituted.

By written contract, R.B. Tractors, Inc. (“Tractors”) leased a piece of its trenching equipment and its trailer to Rodney K. Mann and R.S. Mann Plumbing, Inc. (“Mann”). During the time Mann had the equipment in its possession, the equipment fell off the trailer and sustained approximately $13,000 in damage. Tractors sued Mann, alleging that Mann breached the lease contract and that Mann had agreed to indemnify Tractors for any damage to the equipment arising from “any cause…