The opinion of the court was delivered by: MUIR
In 1967, plaintiff purchased a new Piper aircraft from the Piper Aircraft Company. Plaintiff was a Puerto Rican Company and the new plane was at the Piper factory in Florida. Plaintiff needed a pilot to fly the plane to Puerto Rico and made arrangements with the Dixon Company, Inc., located in Williamsport, Pennsylvania, to have the plane delivered. The Dixon Company engaged for the job a pilot named Harry Johnson who picked up the plane at the Piper factory. Accompanied by the daughter, son-in-law and three young grandchildren of the President of the Dixon Company, Johnson set out for Puerto Rico. The plane ran out of fuel, was ditched, and sank in the Atlantic Ocean.
1. The matter in controversy exceeds, exclusive of interest and costs, the sum of ten thousand ($10,000.00) dollars.
2. Aviation Associates of Puerto Rico, plaintiff, is a corporation which at the time of the institution of this suit was organized under the laws of Puerto Rico with its principal place of business at San Juan, Puerto Rico.
3. The Dixon Company, Inc., a defendant, is a corporation organized under the laws of Pennsylvania which at the time of the institution of this suit had its principal place of business at R.D. #2, Williamsport, Pennsylvania.
4. At the time this suit was instituted, James Wolyneic, Sr. and Joyce Wolyneic, the other defendants, were husband and wife and resided at R.D. #2, Williamsport, Pennsylvania.
5. Joyce Wolyneic is the daughter of John Dixon, President of the Dixon Company, Inc.
6. On March 4, 1967, plaintiff owned a 1967 Piper aircraft, PA 32-300.
7. The fair market value of the Piper aircraft at that time was $18,389.84.
8. On March 4, 1967, the Piper aircraft had not yet been delivered to plaintiff in Puerto Rico from the Piper factory in Vero Beach, Florida.
10. On or before March 4, 1967, plaintiff entered into an oral agreement via telephone with defendant Dixon Company for the delivery of the above plane to Puerto Rico from Florida for a fee and this oral contract was never reduced to writing.
11. There was no standing written agreement between the parties relating to delivery of the aircraft by the defendant Dixon Co. for the plaintiff.
12. The usual arrangement between plaintiff and the Dixon Company with respect to other aircraft was that the Dixon Company would either have the planes delivered to plaintiff by its own personnel or obtain other pilots to make the deliveries.
13. Pursuant to the usual arrangement, plaintiff would in each case pay the Dixon Company a fee for the delivery of a particular plane.
14. Dixon Company would either have its president, John Dixon, deliver the plane or would hire another pilot to make the delivery, in which event the pilot was paid a smaller fee by defendant Dixon Company than the latter received from the plaintiff for the delivery.
15. In the ordinary case, the fee paid a pilot other than John Dixon would be agreed upon by the Dixon Company and the pilot.
16. Plaintiff had no control over the fee paid any pilot by the Dixon Company.
17. The usual arrangement described in paragraphs 11 to 16, supra, was in effect for delivery of the Piper plane in this case.
18. On or before March 4, 1967, the Dixon Company arranged to have Harry J. Johnson deliver the Piper plane in question from Vero Beach, Florida, to ...