COLLIER v. LEEDOM CONST. CO.

Civ. No. 1130.

84 F.Supp. 348 (1949)

COLLIER et al. v. LEEDOM CONST. CO.

United States District Court D. Delaware.

May 26, 1949.


Attorney(s) appearing for the Case

Clement C. Wood (of Hering, Morris, James & Hitchens), of Wilmington, Del., for plaintiffs.

F. William Carr (of Killoran & Van Brunt), of Wilmington, Del., for defendant.


LEAHY, Chief Judge.

This is an action for breach of contract by the owners of a steam shovel against the user. The complaint alleges this court has jurisdiction because of diversity and requisite amount. The case was tried to the court.

At trial it appeared that plaintiffs, on about April 13, 1948 entered into a contract with defendant for the rental of a crane or PH shovel, 5/8 -yard capacity. In terms, the contract provided that the use of the shovel would...

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