Minotti v. Young

Hatcher, Judge:

This is an action in assumpsit brought in the Circuit Court of Kanawha County. From a judgment in favor of the plaintiff for $750.00, the defendant, Gridelli, prosecutes error here.

In 1919, the plaintiff, who resided in Charleston, West Virginia, leased to defendants and one S. C. Cody, who at that time were partners, some second hand construction and road-making machinery. The contract was verbal. The plaintiff testified that in addition to a certain monthly rental (which was paid, and is not in dispute) the partners agreed to keep the machinery in good order and to return it…