Legros v. Culberson
Legros v. Culberson
Opinion of the Court
— Complaint by appellee against Clarence Woodring, Oliver P. Dunn, and appellant to foreclose a mechanic’s lien on an automobile.
The court found the facts specially with conclusions of law in favor of Dunn and Woodring and against appellant for the amount found to be due appellee, including attorney’s fees, and that appellee was entitled to a personal judgment against appellant for the amount; that appellee had a lien on the automobile and was entitled to a decree foreclosing the same. Judgment followed the conclusions.
The sufficiency of the evidence to sustain the finding of the court is presented for our consideration. The evidence, without conflict, shows that appellant was the owner of an automobile; that Wood-ring, who was sixteen years of age and living with Mr.' Dunn, entered into negotiations with appellant for the purchase of the automobile. He informed appellant that Mr. Dunn was satisfied with him buying an automobile and would pay for it, and asked that he be allowed to drive it in order to see if it was all right. Appellant' let Woodring take the automobile for that purpose. Woodring used it two or three days, during which time he damaged it and returned it to appellant’s garage in a damaged condition. Woodring saw appellee, engaged him to make the repairs on the automobile, and told appellee that Mr. Dunn would pay for it. Ap
The finding of the court in so far as appellant directing the work to be done, and that appellee did the work pursuant to the directions of appellant is not supported by the evidence.
The court also found the value of appellee’s attorney’s fee in the prosecution of the action to foreclose. There was no evidence on this subject, and the court was not justified in 'finding that the attorney’s fee was of any value.
Appellant also contends that the court erred in its conclusion of law that appellee was entitled to a personal judgment for the value of the attorney’s fee. Since the cause must be reversed on the facts, we do not deem it necessary to decide this question. Attention, however, is called to Hubbard v. Burnet-Lewis Lumber Co. (1912), 51 Ind. App. 97, 98 N. E. 1011.
Judgment reversed with directions to sustain appellant’s motion for a new trial, and for further proceedings consistent with this opinion.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.