McAMIS, Presiding Judge.
This is an action to recover by right of subrogation, a loss paid to plaintiff's policy-holder, John Wesley, in the amount of $1,065 for the loss by theft of his automobile while being washed at a service station owned and operated by defendant Jones.
The theory of the declaration is that there was a mutual bailment of the automobile by Wesley to defendant; that defendant agreed to service it and "deliver it back to plaintiff's insured...
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