Wednesday, December 18, 2013

Pettit v. Liston case brief

Pettit v. Liston case brief summary
191 P. 660 (1920)


CASE SYNOPSIS
Plaintiff purchaser appealed a judgment of a trial court of Lane (Oregon) dismissing the purchaser's action against defendant dealers to recover a down payment made upon the purchase price of a motorcycle purchased from the dealers.

CASE FACTS
The purchaser, a minor, contended on appeal that a minor could purchase property and keep it for an indefinite time, if he chose, until it was worn out and destroyed, and then recover the payments made on the purchase price, without allowing the seller anything whatever for the use and depreciation of the property.

DISCUSSION

  • The court affirmed the judgment. 
  • The court stated that where a minor had not been overreached in any way, and there had been no undue influence, and the contract was a fair and reasonable one, and the minor had actually paid money on the purchase price, and taken and used the article, the minor should not to be permitted to recover the amount actually paid without allowing the vendor of the goods the reasonable compensation for the use and depreciation of the article while in his hands.
CONCLUSION
The court affirmed the judgment of the trial court sustaining the dealers' demurrer and dismissing the purchaser's action to recover the down payment made on the purchase of a motorcycle.


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