Frank

Broadly stated, the action upon which the instant appeal is based was brought by the plaintiff against defendant for the purpose of recovering a judgment on account of moneys alleged to have been expended by the plaintiff in repairing an airplane which was the property of the plaintiff, but which had been damaged while in the possession of defendant. In said action additional damages were claimed by the plaintiff because of the loss of “service and use by the plaintiff” of the airplane during the time that it was undergoing repairs.

In greater detail, the facts appear to be that in the pursuit of the business in which the plaintiff was engaged it agreed to give to defendant, “called ‘student’, a course in practical and theoretical flying” of an airplane. Thereafter, and in the course of such instruction, defendant “when flying alone” had two separate accidents, each of which resulted in the expenditure of moneys by the plaintiff in making necessary repairs to the airplane. Following the latter of such accidents, defendant signed an instrument in writing by which he agreed “to pay to the corporation all cost of repairs and/or for all damage to any machine damaged or wrecked by any…