Acton Rock Co. v. Lone Pine Utilities Co.

This is an action for rent on the lease of an electric shovel, and likewise to recover for failure to redeliver the shovel in good condition after termination of the lease. Defendant appeals from a judgment in plaintiff’s favor.

On November 1, 1913, plaintiff was the owner of a Model 50 Marion Electric Shovel, then standing upon its own trucks on a siding of the Southern Pacific Company at that company’s station at Tejunga, in Los Angeles County. It had been brought from Marion, Ohio, on its own wheels, attached to a train of cars. On November 1, 1913, plaintiff and defendant, through the president of the former and the vice-president and manager of the latter, orally agreed upon a lease of the shovel to defendant for one year, commencing November 1, 1913, for the sum of $3,650, being at the rate of ten dollars per day. On the same day a written instrument, embodying the terms of the oral lease as well as an option giving defendant the optional right to purchase the shovel, was executed by plaintiff, and thereupon given to defendant for execution by it. Later it was executed by defendant and returned to plaintiff. As the written instrument bears date January 17, 1914, it may be…