Syllabus by the Court
1. The evidence authorized the finding that there was no joint adventure or enterprise between the owner of the automobile and the finance company to have the automobile repaired.
2. The evidence authorized a finding that the finance company was not estopped to assert its title to the automobile in question, and the court was authorized to find for the finance company because even if it was estopped to assert its title in part only, there was no evidence to show to what extent in dollars and cents such estoppel should apply, the mechanic having already made some repairs before the acts allegedly constituting estoppel took place.
Troy L. Healan, doing business as Healan's Auto Body and Paint Shop, filed a money rule against the sheriff of Clarke County, alleging: '2. On September 3, 1949, said H. T. Huff, Sheriff as aforesaid, sold under an execution issuing on a foreclosure proceeding in favor of Lexington Finance Corporation against O. M. Busbin, Clarke Superior Court, One Used 1947 Buick Automobile, Motor No. 49983-464, Same Being a Sedanette or Tudor, as the property of said O. M. Busbin. 3. An execution issuing on a mechanic's lien foreclosure in favor of petitioner, doing business as aforesaid, against said O. M. Busbin and said described property for work done and materials furnished in repairing the same in the sum of $1100.00, together with the notice provided by Section 24-211 of the Code of Georgia, were placed by petitioner as aforesaid in the hands of said H. T. Huff, Sheriff aforesaid, at the sale of said property, and petitioner as aforesaid demanded that said funds realized from the sale of said property be retained by the Sheriff and applied on the execution issuing in petitioner's favor. 4. The price realized by the said H. T. Huff, Sheriff aforesaid, for the sale of said property was $925.00, the purchaser being Lexington Finance Corporation, which funds said H. T. Huff, Sheriff aforesaid, now has in his hands. 5. Petitioner as aforesaid shows that the work done and materials furnished in repairing said described property by petitioner as aforesaid was under a contract and agreement to which the said Lexington Finance Corporation consented, by and through its managing official, one Paul, and its title and lien was postponed thereby and made inferior to the lien of petitioner. That said Lexington Finance Corporation authorized said repairs to said described property, and encouraged your petitioner to make same, the said Paul coming to petitioner's place of business while the same was in progress and made inquiry as to when it would be completed; that prior to any work being done on said described property the said O. M. Busbin and the Lexington Finance Corporation, by and through its managing official, Paul, agreed that petitioner should make said repairs; that an insurance company which carried the insurance on said automobile, represented by said Paul as agent, with loss payable to said Busbin and Lexington Finance Corporation, gave its check for $1100.00 or other large sum in settlement of the claim against it, payable as aforesaid, which said check was indorsed by said Lexington Finance Corporation and turned over to said Busbin with instructions to have said repairs made and paid for with the proceeds thereof. Instead of complying with said instructions, the said Busbin used same for some other purpose, and did not pay for same; that said Lexington Finance Corporation should suffer any loss because thereof. Said Lexington Finance Corporation is estopped from asserting its lien or title to said property and funds from the sale of same as against your petitioner, and that its lien and title are postponed to the lien of petitioner; that it should not be permitted to unjustly enrich itself at the expense of your petitioner, as petitioner shows that prior to the repairs made on said property it was valueless
except for salvage purposes, and that the work done by petitioner and materials furnished in repairing same enhanced the value thereof at least $900.00, or other large sum, at a forced sale of said property, and more than $1250.00 at a private sale of same. 6. Said funds realized from the sale of said property should be turned over to petitioner as aforesaid.' The Lexington Finance Corporation filed a response to the rule alleging: that part of the indebtedness claimed by Healan was money paid by him to another person for repairs, the sum amounting to approximately $325.00; 'that shortly before February 17th, 1949, the automobile in question was damaged, and that there was in existence a policy of insurance, payable to the said O. M. Busbin, with loss clause payable, G. W. Paul who is an official of respondent company having been the insurance agent who wrote said insurance, to the said Lexington Finance Corporation, and that said insurance company on or about February 17th, 1948, issued its draft or check for $1049.80, payable to O. M. Busbin and Lexington Finance Corporation, and delivered said check to the said O. M. Busbin; that at that time respondent held the bill of sale to secure debt which was foreclosed as set forth in paragraph two of said petition, and upon which there was unpaid the full amount of $1742.00, and upon which three installments of $145.00 each were matured and due; that the said O. M. Busbin brought said check for $1049.80 to said Lexington Finance Corporation and requested that it permit him to pay up the past due installments on the note amounting to $435.00 and use the balance of said check in repair and rehabilitation of said automobile, the said Busbin stating to said Lexington Finance Corporation that he was in position to obtain special prices for certain parts of such repair work from a garage or repairman in Danielsville, Georgia, and that he, the said Busbin, would do some of the repairs in his own shop, the said Busbin at that time having a place of business wherein vehicle repairs were being made; that upon the agreement of said Busbin to use the balance of said check in the repair of said automobile respondent accepted said check with Busbin's endorsement on it, retaining $435.00 to pay the past due installments and delivering the remainder of said check, to-wit: $614.80 to the said Busbin in currency, this transaction taking place on February 17th, 1949; that about three months later, no further payments having been made on said obligation, and additional installments having fallen due, respondent through its agent, G. W. Paul, called on said Busbin and was informed that the automobile was at the place of business of movants, and respondents then went to see movant, Troy L. Healan, at said place of business of movant, found the automobile there in process of repair, and informed the said Healan of the situation and that respondent...
