West Coast Airlines, Inc. v. Miner's Aircraft & Engine Service, Inc.

66 Wash.2d 513 (1965)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

P purchased aircraft engines 'A' and 'B.' They were delivered with all existing logbooks, engine build-up, and repair records, change records and other documents required by FAA. P sealed each engine in a large metal storage container, or 'engine can.' P kept approximately 23 spare engines in the same hangar. None was stored in an 'engine can.' P asked Junk Traders to pick up the 'cans' along the fence. When the job was completed, Junk Traders had salvaged four truckloads of sealed 'cans' and one truckload of 'can' halves and other miscellaneous scrap. Junk Traders paid West Coast 2 cents a pound for 20,370 pounds of scrap metal. Wholly unknown to either P or Junk Traders, the two sealed 'cans' containing engines 'A' and 'B' were loaded by Junk Traders' driver. P continued in possession of all documents required by the FAA. Junk Traders began to cut the 'cans' into scrap. The engines were discovered, and Junk Traders set them aside in their 'cans.' D visited the junkyard and found the two engines still in the 'cans.' D knew that the engines had belonged to P and also knew the required paperwork needed. D knew that the engines had a value of approximately $3,500 each and that they were not mere scrap metal. He knew that Junk Traders was wholly unaware of the character and value of the engines. He also had reason to know that Junk did not possess the documents required by the FAA. D 'purchased' the two engines and paid $ 125, based upon their combined weight as scrap metal. He did not ask for the required logs and maintenance papers. Before Junk Traders paid for the two engines, D called West Coast and attempted to obtain the necessary records for engine 'A'. D offered the employee a jug of booze. P realized that either engine was missing. After expressing some alarm to D, P immediately called Junk Traders in an effort to correct the mistake. Junk Traders visited D at his place of business and advised him of the mistake. D refused to return the engines. Junk Traders returned D's check as soon as they received it. P sued D and the trial court return of the two engines. D was given a judgment against Junk Traders for $100 and, in turn, Junk Traders was given a judgment of $175 against P. Clark, who D purported to sell one of the engines to receive a judgment against D for the return of his seven cylinder lapping machines plus $100 for amounts expended. D appealed.