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HOWES v. PECKHAM RD. CORP.

22 A.D.2d 831 (1964)

Jess F. Howes, Respondent, v. Peckham Road Corporation, Now Peckham Industries, Inc., Appellant

Appellate Division of the Supreme Court of the State of New York, Third Department.

November 17, 1964

HERLIHY, J.

The facts are set forth in our prior decision. (See 14 A.D.2d 940.) The theory of the action was that following the termination of a rental contract, the defendant failed to return the rented crusher within a reasonable time. From the testimony, the trial court properly found that the crusher had not been returned within a reasonable time and that the rental value of the machinery was $100 per day. The retention...

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