MYERS v. CLIFF HYDE FLYING SERVICE, INC.

No. 13357.

325 S.W.2d 841 (1959)

Wyatt MYERS, Appellant, v. CLIFF HYDE FLYING SERVICE, INC., Appellee.

Court of Civil Appeals of Texas, Houston.

July 9, 1959.


Attorney(s) appearing for the Case

Red, Kemp & Fahey, Pat N. Fahey, Houston, for appellant.

Fulbright, Crooker, Freeman, Bates & Jaworski, L. S. Carsey, Houston, for appellee.


WERLEIN, Justice.

This suit was originally brought for possession of an airplane which appellant had purchased from appellee, and which was damaged while appellant was taking advance flying instructions from appellee's agent. Appellee repaired the damage but refused to surrender the plane to appellant until the costs of repairs were paid. After suit was filed, appellant, under protest, paid appellee for such repairs, and then amended his pleadings seeking to recover...

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