Harbor One, Inc. v. Preston

TILLMAN PEARSON, Judge.

The appellant was defendant in a non-jury trial which resulted in a judgment for the plaintiff, appellee. The plaintiff proved that he had left his yacht with the defendant for sale under an agreement which amounted to a bailment for the mutual benefit of the plaintiff and the defendant. The yacht was stolen and lost, whereupon the plaintiff instituted this action.

By way of affirmative defense, the defendant in its answer asserted that a printed portion of the “Consignment Contract” indicated that the plaintiff had waived any right he might have against the defendant…