ATKINSON INDUSTRIES, INC. v. YACHT MY JAN

Nos. 80-1464, 80-1465.

651 F.2d 936 (1981)

ATKINSON INDUSTRIES, INC., Appellee, v. YACHT MY JAN, her engines, tackle, etc., in rem and Edward Germano and Janice Germano, in personam, Appellants. ATKINSON INDUSTRIES, INC., Appellant, v. YACHT MY JAN, her engines, tackle, etc., in rem and Edward Germano and Janice Germano, in personam, Appellees.

United States Court of Appeals, Fourth Circuit.

Decided June 18, 1981.


Attorney(s) appearing for the Case

R. Arthur Jett, Jr., Jett, Agelasto, Berkley, Furr & Price, Norfolk, Va., Shaw & Stedina, New York City, on brief, for appellants in No. 80-1464, and for appellees in No. 80-1465.

Robert O'Donnell, Vandeventer, Black, Meredith & Martin, Norfolk, Va., on brief, for appellee in No. 80-1464, and for appellant in No. 80-1465.

Before RUSSELL, WIDENER and HALL, Circuit Judges.


PER CURIAM:

Edward and Janice Germano authorized Atkinson Industries, Inc. to paint and repair their yacht MY JAN. When the work was near completion the Germanos were notified that full payment of the bill for repairs was expected before MY JAN left the boatyard. It was thereafter agreed that the Germanos would pay $20,000 in cash, and execute two promissory notes for $8,517 each, which they did and the boat was released to them. Shortly thereafter the engines began...

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