Heay

Dean Phillips, Charles Gray and James Kelly are plaintiffs and appellees, and Douglas Heay is the defendant and appellant in this action. We shall refer to them by name or as plaintiff and defendant.

On the morning of September 20, 1950', while plaintiffs’ plane was in defendant’s exclusive possession and control, it crashed at Paxson Lake, Alaska, and was totally destroyed. On January 24, 1951, plaintiffs filed a complaint against Heay in the United States District Court for the Territory of Alaska, in which it was alleged that subsequent to the crash Heay promised to pay them $3,000 as and for the reasonable value of the plane, but to’ date had paid only $650. The complaint was dismissed for failure to state a claim upon which relief could 'be granted, and plaintiffs were granted ten days in which to amend. An amended complaint was filed within the given time, in which it was alleged that Heay, the defendant, was granted possession of the plane upon the condition and promise that in case it was damaged while in his possession he would pay for the necessary repairs to it, and if the plane was destroyed he would pay the plaintiffs the reasonable value thereof.

Upon the opening…