Informe Sobre Caso Brandeis Machinery & Supply Co.

BRANDEIS MACHINERY & SUPPLY CO., LLC, Appellant-Plaintiff,
v. CAPITOL CRANE RENTAL, INC., Appellee-Defendant.
No. 49A05-0107-CV-314.
March 21, 2002

Facts: Brandeis Machinery & Supply Companyand Capitol Crane Rental, Inc. entered into a Lease Agreement on June 16, 1998 where Capitol rented a 35-ton Grove Model RT635C Rough Terrain Crane from Brandeis for six months and this leaseincluded an option for Capitol to buy the specific Crane. After the first six months passed, Capitol continued to rent the Crane for another six-month period on a month-to-month basis and both companiesexecuted a Cash Sales Contract (Contract) on June 16, 1999 where Capitol agreed to buy the Crane for $291,773.46 as is where is.
In late June of 1999, Maxim Crane Works, a national crane rental company,bought Capitol and after this buy, Maxim returned the Crane to Brandeis lot. One week after, Brandeis inquire about the returned crane and the company was inform that Maxim did not want purchase thecrane anymore and Capitol informed Brandeis that they were going to be bought by Maxim.
When Brandeis discovered that Capitol had returned the Crane, the sales staff received the order to not sellthe Crane because it belonged to Capitol. Before returning the Crane, Capitol repaired damage to the Crane since the boom had been damaged around the time that the Contract was sign and Capitol boughtparts from Brandeis and repaired the Crane. Brandeis expended $9,794.86 to inspect the repairs made to the boom because Brandeis would prepare to resell the Crane to someone else.

ProceduralHistory: The trial court entered judgment in favor of Brandeis on June 21, 2001 and the trial court ordered that “Brandeis Machinery & Supply Co., LLC, recover of and from the defendant, Capitol CraneRentals, Inc., the sum of $29,067.00 with interest thereon from the date of judgment, as provided by law, plus costs of this action.” Brandeis Machinery & Supply Company (Brandeis) appeals the damage...