Gateway Aviation, Inc. v. Cessna Aircraft Co.

CRIST, Judge.

Plaintiffs, Gateway Aviation, Inc. and Paul and Ellen Silverstein, guarantors, sued defendant, Automatic Equipment Leasing Corporation, for tortious conversion of their airplane. Defendant counterclaimed for a deficiency on the resale of such airplane after its repossession for default. In a court tried case, defendant won on all counts and plaintiffs appeal.

We affirm the judgment against plaintiffs on their claim. We reverse the deficiency judgment in favor of the defendant in the sum of $97,437.00, for the reason that plaintiffs were not given prior notice of the private sale…