ARNOLD MACHINERY CO. v. BALLS

No. 16934.

624 P.2d 678 (1981)

ARNOLD MACHINERY COMPANY, Plaintiff and Appellant, v. David M. BALLS and Richard S. Johns II, co-partners, dba Utah Excavating, Defendants and Respondents.

Supreme Court of Utah.

January 20, 1981.


Attorney(s) appearing for the Case

John W. Lowe of Lowe & Associates, Salt Lake City, for plaintiff and appellant.

James M. Richards of Richards, Bird & Kump, Salt Lake City, for Balls.

Richard C. Diblee, Salt Lake City, for Johns.


HALL, Justice:

Plaintiff appeals a ruling of the lower court denying it recovery of unpaid rent pursuant to an equipment rental agreement.

Plaintiff is in the business of selling and leasing equipment. Defendants are in the excavating business and had secured employment which required the use of a backhoe. Defendants did not have adequate funds for a down payment on a purchase,1 and therefore agreed to lease the equipment for ...

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