Superior Ice & Coal Co. v. Belger Cartage Service, Inc.

HOLMAN, Commissioner.

In 1953 plaintiff discontinued the operation of its ice manufacturing plant located at the corner of Second and Delaware Streets in Kansas City, Missouri. On October 11, 1956, plaintiff entered into a written contract with defendant J. J. Eisberg whereby it sold to Eisberg all of the machinery, pipe and equipment in its said plant for $5,500 with the buyer to dismantle and remove all of said equipment. Eisberg engaged defendant Belger Cartage Service, Inc. (hereinafter referred to as Belger) to remove the equipment from the building and the removal operations were…