SMITH CONTRACTING CORP. v. TROJAN CONST. CO.

No. 4246.

192 F.2d 234 (1951)

SMITH CONTRACTING CORP. v. TROJAN CONST. CO., Inc.

United States Court of Appeals Tenth Circuit.

October 22, 1951.


Attorney(s) appearing for the Case

Robert J. Woolsey, Tulsa, Okl., (W. E. Green and J. C. Farmer, Tulsa, Okl., on the brief), for appellant.

John F. Butler, Oklahoma City, Okl., (Butler, Rinehart & Morrison, Oklahoma City, Okl., on the brief), for appellee.

Before PHILLIPS, Chief Judge, and BRATTON and MURRAH, Circuit Judges.


PHILLIPS, Chief Judge.

The Trojan Construction Company, Inc.,1 brought this action against Smith Contracting Corporation2 to recover damages, in excess of normal wear and tear, to equipment leased by Trojan to Smith, occurring during the use of the equipment by Smith.

The leases were in writing and the two provisions thereof, here material, in each lease, read as follows:

"2. Determination of...

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