California Airmotive Corporation v. C. W. Jones, Etc.

CELEBREZZE, Circuit Judge.

This is an appeal from the granting of a summary judgment in the District Court. The original action was commenced by Appellee to recover the balance due upon a conditional sales contract for a Douglas DC7-B Model aircraft.

Appellee filed a motion for summary judgment after presenting affidavits and exhibits to show that Appellants had defaulted on their payments under the sales contract and voluntarily returned the aircraft. The aircraft was then resold at public sale. When Appellants failed to establish with particularity the disputed factual questions which would…