Should the Party Charged With Implied Contract of Storage Have Made Arrangements to Reclaim the Car ?
In General Electric Evendale Employees Federal Credit Union v. Coffey's Body Shop & Towing Service, Inc. (June 5, 1991), Montgomery App. No. 12430, 1991 Ohio App., the Second Appellate District found although the towing company's lien for the storage of the car was not superior to the credit union's lien, nevertheless, the credit union was obligated to the garage owner under an implied contract of storage if the credit union knew the vehicle was being stored, but took no action to reclaim it. the court found it was a factual issue for the trier of fact as to when the party charged with the implied contract of storage reasonably should have made arrangements to reclaim the car, which, in turn determines when the implied contract of storage first came into existence.