Halbman v. Lemke

99 Wis. 2d 241, 298 N.W.2d 562 (1980)

 

RULE:

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.

FACTS:

Plaintiff minor purchaser filed a suit against defendant seller to disaffirm a contract for the purchase of a car that was no longer operable.

ISSUE:

Is a minor liable for disaffirming a contract of a car purchase for damages incurred when it was in his possession?

ANSWER:

No.

CONCLUSION:

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.

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