CONCRETE STRUCTURES, INC., A FLORIDA CORPORATION, APPELLANT,
v.
GENERAL TRUCK RENTALS, INC., A FLORIDA CORPORATION, APPELLEE
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The appellate court affirmed a lower court's judgment for a plaintiff seeking unpaid truck rental fees. The defendant lessee counterclaimed for damages due to the lessor's alleged breach of the lease agreement, but failed to present competent evidence of their damages.
No, the lessee failed to present competent evidence of damages resulting from the lessor's alleged breach.
“The record reveals that no competent evidence of Concrete Structure's alleged damages was presented to the court.”
Establishes the lack of evidence for the appellant's counterclaim.
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Join FLexlaw to unlock all legal intelligenceConcrete Structures, Inc. (lessee) was sued by General Truck Rentals, Inc. (lessor) for unpaid truck rental fees. Concrete Structures admitted the deb…
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Concrete Structures, Inc., a lessee of heavy truck equipment, was defendant in an action for an unpaid truck rental bill. It was stipulated that the truck rental was in fact due and the truck lessee defended only upon the basis of a counterclaim, which alleged that General Truck Rentals, Inc., the lessor, had breached the lease agreement and that Concrete Structures was entitled to damages incurred as a result of having to rent vehicles and equipment from another lessor. At the conclusion of the trial before the court, sitting without jury, the verdict and judgment was for the plaintiff in the amount stipulated.
Concrete Structures appeals and assigns as error the court’s failure to find that it had proved adequate damages from General Truck Rental’s breach of the truck leasing agreement. The record reveals that no competent evidence of Concrete Structure’s alleged damages was presented to the court. The proper measure of damages in this type of case is the amount it is necessary to expend above the contract price for the rent or hire of similar equipment as that provided for in the contract. Cf. A. Mortellaro & Co. v. Atlantic Coast Line R. Co., 91 Fla. 230, 107 So. 528; Chesapeake & Ohio Ry. Co. v. Elk Refining Co., 4 Cir., 1950, 186 F.2d 30, 36 A.L.R.2d 329.
Affirmed.
HORTON, C. J., and PEARSON and CARROLL, CHAS., JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- A. Mortellaro & Co. v. Atl. Coast Line R.R. Co., 91 Fla. 230 (Fla. 1926)
- Chesapeake & Ohio Ry. Co. v. ELK Ref. Co., 186 F.2d 30 (4th Cir. 1950)