Guerin v. Blair

SHENK, J.

The plaintiffs sued to recover possession of a D-8 Caterpillar Tractor Serial No. 1H 3383 with power control unit valued at $6,000, together with its reasonable rental value for the period of alleged wrongful detention by the defendant. The latter appealed from the judgment for the plaintiffs.

The record shows the following undisputed facts:

The plaintiffs were engaged in the construction business in Los Angeles County, and in the purchase, sale, rental and repair of heavy construction equipment. On June 15, 1945, they purchased the above mentioned tractor and control unit. On January 8, 1946, they entered into a written equipment rental agreement with one Vergil Grove of Riverside covering four items, including the tractor and control unit. The value of the listed equipment was stated as $46,000. The agreed total monthly rental was $3,750, $850 of which applied to the tractor and control unit. The “approximate rental period ’ ’ was stated as 60 to 90 days, with a provision for recall or return of the equipment upon 30 days’ notice by either party. The agreement provided that no equipment should be sublet, nor should the lessee assign or transfer any interest in the agreement, without the written consent of the lessors. It was further provided that should the lessee defer any rental payment more than 30 days, or become bankrupt, or fail to maintain and operate or to return the equipment as provided, or substantially violate any provision of the agreement, the lessors upon three days’ notice might terminate the agreement, take possession of the equipment without becoming liable for trespass, and recover all rental due, full damages for any injury to, and all expenses incurred in returning the equipment.

On January 15, 1946, Grove, without obtaining the consent of the plaintiffs, sublet the tractor and control unit to the defendant for a period of two months at a monthly rental of

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$800, or a total of $1,600 which the defendant paid. Grove made rental payments to the plaintiffs totaling $5,266.71, which covered amounts due on all the equipment to March 1, 1946. About March 15th, the defendant notified Grove that the tractor was in disrepair and to retake and haul it away. That and other facts bearing on the lease relationship as between the defendant and Grove are deemed immaterial on this appeal.