Welcome Home Center, Inc. v. Central Chevrolet Co., Inc.
| Decision Date | 05 December 1978 |
| Docket Number | No. 20829,20829 |
| Citation | 272 S.C. 166,249 S.E.2d 896 |
| Court | South Carolina Supreme Court |
| Parties | WELCOME HOME CENTER, INC., Respondent, v. CENTRAL CHEVROLET CO., INC., Appellant. |
J. Wesley Drawdy, Columbia, for appellant.
Thomas H. Curlee, Jr., Lourie, Draine, Curlee & Swerling, Columbia, for respondent.
The issue in this case is whether a repairman's lien survives a voluntary relinquishment of possession to the owner. The trial court concluded it did not survive and granted summary judgment in favor of the respondent, Welcome Home Center, Inc. We affirm.
The respondent took its vehicle to the appellant Central Chevrolet's garage for service. After the services were performed, respondent tendered payment; however, the garage operator demanded additional payment for work which had been previously performed on the same vehicle. When respondent refused to make the additional payment, appellant refused to relinquish possession of the vehicle.
The trial court correctly awarded summary judgment to the respondent. By statute and under the common law, the vitality of a repairman's lien is conditioned on his continuous possession of the article. Code § 29-15-10 (1976 Supp.) provides:
"It shall be lawful for any . . . owner . . . of any . . . garage . . . who shall make repairs upon any article . . . after the completion of such repairs or the expiration of the storage contract, the article having been Continuously retained in his possession, to have such property sold at public outcry . . . " (Emphasis supplied).
Similarly, the Fourth Circuit Court of Appeals in Clark Bros. & Co., Inc. v. Pou, 20 F.2d 74 at 76 stated:
See also Bouknight v. Headden, 188 S.C. 300, 199 S.E. 315 (1938); 8 C.J.S. Bailments § 35d; 61A C.J.S. Motor Vehicles § 747(1).
As appellant's prior lien expired when it relinquished possession of the vehicle, respondent was entitled to judgment as a matter of law.
AFFIRMED.
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