KIEFER V. FRED HOWE MOTORS, INC.
39 Wis.2d 20, 158 N.W.2d 288 (1968)
NATURE OF THE CASE: Fred Howe (D) appealed a decision on the issues of whether Kiefer
(P), emancipated minor, was legally responsible for his contract with D, whether that
contract was disaffirmed, and whether P was liable for misrepresentation.
FACTS: Kiefer (P), a 20-year-old married man with a child, bought a used car from Fred
Howe Motors (D). The contract that P signed stated; 'I represent that I am 21 years of age
or over.' P became dissatisfied with the car after engine trouble. P claimed the engine
block was cracked. D refused to take the car back. After P turned 21 he tried to return the
car. It was refused. P sued for rescission. The trial court determined that P was a minor
when the contract was made and he was entitled to disaffirm that contract. The court ordered
rescission. D appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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