DeVito Auto Restoration v. Card

This is a G.L.c. 255, §26 action to enforce a lien on the defendant’s antique Mercedes Benz for the balance owed for restoration work performed by the plaintiff. After a bench trial, judgment was entered for the plaintiff on both its complaint and the defendant’s counterclaims. The defendant has appealed pursuant to Dist./Mun. Cts. R. A. D. A., Rule 8C.

The record indicates that in 1995, defendant Richard Card (“Card”) paid $2,000.00 for a 1972 Mercedes Benz sedan with an odometer reading of 170,000 miles. In June, 1997, Card brought the twenty-five year old car to plaintiff DeVito Auto…