Covington
Covington v. Grant
Opinion
Lead Opinion
Craig, J.
— This is an appeal upon the judgment-roll, the sole ground being that the judgment is not supported by the findings. The action is for conversion.
It appears that the plaintiffs sold an automobile to one C. L. Jones on a “lease contract,” by the terms of which title was retained in the vendor. The court found that on the twenty-third day of July, 1922, Jones, while in legal possession of the ear, brought it into the garage of the defendant, who, at Jones’ request, performed services and supplied materials in repairing the carbureter, of the fair and reasonable value of $16.65; that thereafter the defendant Grant parted with possession of the car; that later, and on September 14, 1922, Jones, while in legal possession of the automobile, brought it in to the defendant’s garage, whereupon the latter furnished further services and materials in again repairing the carbureter, of the fair and reasonable value of $1.25; that on the fourteenth day of September, 1922, the plaintiffs duly tendered to the defendant the sum of $1.25, the value of the services and materials furnished on the last-named date, and demanded possession of the automobile, which tender the defendant refused to…