National Bank v. Cut Rate Auto Service, Inc.

I must respectfully dissent.

Defendant here was an unpaid bailee for repairs. Somewhat similar, Cotton v. Pendley, 130 Ga. App. 552 (203 SE2d 758) was a trover action for an automobile which the plaintiff left with the defendant for repairs. The plaintiff therein appealed from the judgment on the jury verdict in favor of the defendant on his counterclaim. This court held: "Grounds 3, 4 and 6 of the enumeration of errors contend that the plaintiff was denied the right to *640recover damages for reasonable hire by the trial judge’s ruling to the effect that such damages were recoverable only from…