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HAMMAN-McFARLAND LBR. CO. v. ARIZ. EQUIP. RENT. CO

No. 1 CA-CIV 1727.

16 Ariz. App. 188 (1972)

492 P.2d 437

HAMMAN-McFARLAND LUMBER COMPANY, an Arizona corporation, Appellant, v. ARIZONA EQUIPMENT RENTAL COMPANY, an Arizona corporation, Appellee.

Court of Appeals of Arizona, Division 1.

Rehearing Denied February 9, 1972.

Attorney(s) appearing for the Case

Philip T. Goldstein by Eric J. Bistrow, Phoenix, for appellant.

Andrews, Marenda & Moseley, P.A. by Dale E. Marenda, Phoenix, for appellee.

HOWARD, Judge.

Appellant Hamman-McFarland Lumber Co., defendant below, appeals from a judgment by the Superior Court of Maricopa County whereby appellee Arizona Equipment Rental Co., plaintiff below, was awarded $4,250 for damage to plaintiff's forklift occurring while in possession of defendant.

The undisputed facts are as follows: Hamman-McFarland, on March 24, 1969, entered into a rental agreement with Arizona Equipment Rental whereby Hamman-McFarland rented...

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