Tarr v. Cooper

Plaintiff-appellant Stephen H. Tarr (“Buyer”) appeals an adverse summary judgment based on the Dead Man’s Statute. We affirm.

Buyer agreed to purchase a used single engine aircraft located in Dalton, Georgia. The purchase was contingent on the aircraft satisfactorily passing inspection.

Buyer entered into an oral contract with Richard L. Rawlins, Sr. (“Decedent”), an aircraft mechanic certified by the Federal Aviation Administration (“FAA”), whereby Decedent was to go to Georgia, inspect the aircraft, act as Buyer’s agent in concluding the purchase, and ferry the aircraft to Miami, Florida.…