Absent misrepresentation or tortious damage to the property, a minor who disaffirms a contract for the purchase of an item, which is not a necessity, may recover his purchase price without liability for use, depreciation, damage, or other diminution in value.
Plaintiff minor purchaser filed a suit against defendant seller to disaffirm a contract for the purchase of a car that was no longer operable.
Is a minor liable for disaffirming a contract of a car purchase for damages incurred when it was in his possession?
The court affirmed the orders of the lower courts, which had found for plaintiff minor purchaser in a suit against defendant seller to disaffirm a contract for the purchase of a car. Defendant was denied restitution for any use or depreciation of the car. Plaintiff did not misrepresent his age when he purchased the car.