Brassy

Appellant and Robert P. Easley, partners doing business as Easley & Brassy, brought an action against appellee. 1 Eas-ley died while the action was pending. Thereafter the action was prosecuted by appellant. 2 Appellee filed an answer containing a counterclaim, to which appellant filed a reply. The action was tried by the court without a jury. The court found the facts, stated its conclusions and entered judgment that appellant take nothing, and that appellee recover, on its counterclaim, $4,769.89. This appeal is from that judgment.

Appellant and Easley made three agreements with appellee — an agreement dated January 16, 1943, entitled “Rental-Purchase Agreement No. PD-420,” hereafter called agreement A; an agreement dated May 4, 1943, entitled “Rental-Purchase Agreement No. PD-482,” hereafter called agreement B; and an agreement dated November 16, 1943, entitled “Change Order No. 1,” hereafter called agreement C.

By agreement A, appellant and Easley leased to appellee a Lima crane, model 602, serial No. 500, hereafter called crane A, and appellee agreed to pay appellant and Easley a rental of $1,050 for the first 240 hours in each month or part thereof during the term of the…