Bank Of America V. J & S Auto Repairs

The relevant factual and procedural background of this case follows. Bank of America entered into a conditional sales agreement with Thomas H. Duncan on June 8, 1977 for the purchase of a Voyager Van with a lien in favor of Bank of America (hereinafter referred to as the "bank"). On August 15, 1978, Duncan had the van towed to defendant, J. & S. Auto Repairs (hereinafter referred to as "J & S") for repairs. The van had been involved in a fire, which destroyed the engine, transmission, and other parts of the van. Duncan instructed J & S to dismantle the van to make a repair estimate, but neither Duncan nor the bank gave J & S authority to repair or store the van. Duncan later disappeared. To ascertain Duncan's wishes regarding the van, J & S unsuccessfully attempted to reach Duncan by phone and by certified mail. Following these futile attempts to contact Duncan, J & S contacted Betty's Title Service in mid-December to perform a title search on the van.