BAXTER TRANSFER COMPANY v. GILBERT


303 S.W.2d 294 (1957)

BAXTER TRANSFER COMPANY, Appellant, v. Charles V. GILBERT, Appellee.

Court of Appeals of Kentucky.

June 14, 1957.


Attorney(s) appearing for the Case

James S. Greene, Jr., Harlan, for appellant.

Gus B. Bruner, Harlan, for appellee.


STEWART, Judge.

Appellee, Charles V. Gilbert, in September of 1955 rented a tractor truck to appellant, Baxter Transfer Company, and the latter agreed to pay $25 per day for the use of the motor vehicle. In an action instituted to collect the accrued rentals, appellee claimed the truck was used by appellant 50 days, whereas appellant by answer averred he had used it only 22 days. The lower court, trying the case without a jury, held the truck had been used 35 days...

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