Andrews Equipment Service v. R. A. Heintz Construction Co.
Andrews Equipment Service v. R. A. Heintz Construction Co.
Opinion of the Court
Plaintiff, an equipment-rental firm, brought action against defendant, a heavy-construction firm, to recover rentals alleged to be due for equipment used by defendant in its work. Jury was waived, and the trial judge found for the plaintiff. Defendant appeals.
The issue in the case was whether the agreement between the parties was a rental agreement or a lease-option-to-purchase agreement. Since the agreement was not reduced to writing, its nature was a question of fact for the trier to determine from parol evidence. Plaintiff’s witnesses testified that the agreement was strictly one of rental. Defendant’s witnesses testified to the contrary. The decision turned upon which set of witnesses the trier believed.
Defendant seeks to escape the obvious consequences of the trier’s decision in a case of this kind by arguing that the trier ignored a usage of the trade. The supposed usage of the trade is said to be one that converts rental agreements into lease-option agreements in certain situations when the term of the rental period extends over a sufficient length of time to make the purchase of the equipment an economically desirable bargain from the point of view of both parties.
Affirmed.
Reference
- Full Case Name
- ANDREWS EQUIPMENT SERVICE v. R. A. HEINTZ CONSTRUCTION CO.
- Cited By
- 1 case
- Status
- Published