General Aviation Corp. v. Elliott

This is an appeal from a summary judgment for a third party defendant in an action for a tort growing out of a contract. The appellant, General Aviation Corporation, was sued by the owner of an airplane alleging that General Aviation contracted for the use of that airplane which was subsequently demolished while in General Aviation’s custody. The plaintiff is not a party to this appeal. The appellant filed a third party complaint against Elliott, the appellee, alleging that Elliott, as bailee under a contract for instructional flying, was responsible for the loss of the plane. At the time of…