A.K. Mcbride Const. Co. v. Arkhoma Steel Erection

1 A.K. McBride Construction Company alleged in its petition that it is and was an Arkansas Corporation qualified to do business in Oklahoma. That the defendant at the time the cause of action arose August 17, 1955, was an Oklahoma Corporation under the name of Jess Bailey, Inc., but its Articles of Incorporation were amended October 28, 1955, whereby Jess Bailey, Inc., became Arkhoma Steel Erection Company. That plaintiff entered into an oral contract with defendant whereby plaintiff delivered its Lima Paymaster machine and furnished an operator to defendant upon an agreed rental of $15 per hour for an indefinite period of time, and then to be returned to plaintiff in good condition; that the operator of the machine was to be at all times under the direct control and supervision of defendant and in the special service of defendant; that while the machine was in the custody of defendant it was damaged; that the necessary and reasonable cost of repairs, including freight, on parts amounted to $1,144.66, and in addition thereto plaintiff was required to haul the damaged machine from Springdale, Arkansas to Fort Smith, Arkansas at a cost of $20, whereby plaintiff was damaged in the sum of $1,164.66.