Wilson v. Malenock

Opinion by

Cunningham, J.,

The dispute in this case was whether the defendant, an auto-body repairman who rebuilt plaintiff’s car, had a common law lien for the cost of the repairs, or, by contract, waived his lien and was therefore liable to plaintiff in an action of trespass for converting the car through refusing to deliver it to him until the repair bill was paid.

The back of plaintiff’s 1930 Chevrolet car was damaged on April 14, 1936, as the result of a collision with a car owned by one Brock. Brock promised plaintiff to pay for the repairs to plaintiff’s car, and, through his wife, told…