HOWE RENTS CORPORATION v. WORTHEN

No. 10583.

18 Utah 2d 263 (1966)

420 P.2d 848

HOWE RENTS CORPORATION, PLAINTIFF AND RESPONDENT, v. JOHN WORTHEN, DBA EXOTIC SWIMMING POOL COMPANY, DEFENDANT AND APPELLANT.

Supreme Court of Utah.

December 9, 1966.


Attorney(s) appearing for the Case

K. Samuel King, Salt Lake City, for appellant.

R. William Bradford, Jr., and John M. Bradley, Salt Lake City, for Howe Rents Corp.


CALLISTER, Justice.

This is an action based on a written contract of bailment for damage done to plaintiff's equipment while in the possession of the bailee, defendant. Plaintiff is in the business of renting equipment to the public. Defendant, a swimming pool contractor, rented a cement mixer from plaintiff on August 4, 1962. Without assistance from defendant, plaintiff attached the mixer to defendant's two-ton truck by means of a chain and ball hitch. Subsequently...

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