Paul Shurtleff v. Jay Tuft and Company

STEWART, Justice: This action was brought to recover unpaid rentals due under the lease of a backhoe and the cost of repairs made on the backhoe during the lease term. The defendant filed a counterclaim based on breach of express and implied warranties and negligence. Following a nine-day trial, the jury handed down a verdict in favor of plaintiffs. The defendant moved to amend the judgment or in the alternative for a new trial, and the trial court denied the motion. On appeal defendant asks that the judgment be set aside insofar as it represents the cost of repairs to the backhoe and that defendant be granted a new trial on the remaining issues with regard to the delinquent rentals and loss of profits.