ANDREWS EQUIP. SERV. v. R.A. HEINTZ CONSTR. CO.


241 Or. 28 (1965)

403 P.2d 774

ANDREWS EQUIPMENT SERVICE v. R.A. HEINTZ CONSTRUCTION CO.

Supreme Court of Oregon.

Affirmed June 30, 1965.


Attorney(s) appearing for the Case

Leo Levenson, Portland, argued the cause for appellant. With him on the brief were Kobin & Meyer, Portland.

Eugene E. Feltz, Portland, argued the cause for respondent. On the brief were Casey, Palmer & Feltz, Portland.

Before McALLISTER, Chief Justice, and SLOAN, GOODWIN, HOLMAN and LUSK, Justices.


AFFIRMED.

PER CURIAM.

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.

1. 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...

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