Myers v. Cliff Hyde Flying Service, Inc.

WERLEIN, Justice.

This suit was originally brought for possession of an airplane which appellant had purchased from appellee, and which was damaged while appellant was taking advance flying instructions from appellee’s agent. Appellee repaired the damage but refused to surrender the plane to appellant until the costs of repairs were paid. After suit was filed, appellant, under protest, paid appellee for such repairs, and then amended his pleadings seeking to recover the amount so paid. On the findings of the jury, the Trial Court rendered judgment that appellant take nothing, from which…