HALBMAN V. LEMKE
298 N.W.2d 562 (1980)
NATURE OF THE CASE: This was an issue of enforcement of a minor's contract. Lemke (D), seller, sought review of an order, which affirmed an order of the trial court that entered a judgment for Halbman (P), minor purchaser, in a suit to disaffirm a contract for the purchase of a car. D was denied restitution for any use or depreciation of the car.
FACTS: Halbam (P), a minor, entered into a contract with Lemke (D) for the sale of a 1968 Oldsmobile for $1,250. D was the manager of the gas station where P worked. P paid $1,000 down and was to pay D $25 per week until the balance was paid in full. After a total of $1,100 was paid a connecting rod on the engine broke. D offered to help P install a new engine at P's expense of procuring one. P declined and had the car repaired for $637.50. P did not pay the repair bill. P refused delivery of the title by D and returned the title to D and demanded a full return of the purchase price. The engine was then removed from the car and towed to P's house and it remained there. D refused to retake delivery of the car and eventually the car was so vandalized that it was unsalvageable. P sued for rescission and D countered for the $150 due and owing on the contract. The trial court granted verdict to P. D appealed.
ISSUE:
RULE OF LAW:
HOLDING AND
DECISION:
LEGAL ANALYSIS:
Get
free access to the entire content for Mac, PC or Online
for 2-3 days and free samples
of all kinds of products.
https://bsmsphd.com
No comments:
Post a Comment