Funchess v. Pennington

Pennington, as security for the unpaid purchase price, retained the title to a Chevrolet truck sold and delivered by him to T. J. Flemmings under a conditional sales contract. Funchess, doing business as Wesson Motor Company, claims he furnished labor and materials in the re pair of the truck under such circumstances as vested in him a lien upon the truck superior to the claim of Pennington. The question was submitted to the trial judge under an agreed statement of facts, waiving a jury. The judge decided in favor of Pennington, and Funchess appeals. The correctness of that holding is the…