Mundy v. Casualty Claims Service, Inc.

BOX, Presiding Judge:

An appeal by Casualty Claims Service, Inc., defendant, from a judgment granted J. G. Mundy, plaintiff, arising out of the sale of an airplane.

The parties will hereafter be referred to as they appeared in the trial court. On the 12th day of August, 1969, plaintiff and defendant entered into a contract and agreement whereby the plaintiff purchased a 1964 Piper Cub airplane from defendant, and among other terms and conditions of said contract the defendant agreed to deliver said aircraft “free of encumbrance.”

Catlin Aviation Company filed its Mechanic’s or Materialman’s Lien…