Harrell v. Carlton

Deen, Presiding Judge.

James Harrell sued Carlton for property damage to an airplane owned by the plaintiff and rented by the defendant. The complaint recited that since the date of the air crash the defendant had paid him $250 property damage and owed a balance of $1,358.90. The defendant moved for summary judgment. On the motion hearing the following was established: The crash took place December 9, 1973. On December 26 Harrell’s attorney wrote the defendant that the actual damage to the aircraft, less the $250 deductible and two other items, had been paid by the insurance and that "Mr.…