Thayer v. Barber’s Flying Service, Inc

On February 5, 1969, plaintiffs filed their complaint against the defendant. They alleged that they paid defendant $4,328 as a deposit toward a sale of a certain Cessna airplane; that the deposit was to be returned to them in the event defendant was unable to supply financing for plaintiffs for the sale; that financing was not available; and that they were entitled to the return of the deposit money.

Defendant answered and filed a counterclaim against plaintiffs for $1,000, for work, labor, and materials for repairs to the airplane, and storage rent; and for $25,000, the balance due on the…