Thursday, December 26, 2013

Wagers v. Associated Mortgage Investors case brief

Wagers v. Associated Mortgage Investors case brief summary
577 P.2d 622 (1978)

CASE SYNOPSIS
Appellant garage challenged the judgment of the Superior Court of Santa Cruz County (Arizona) that awarded appellee minor damages in the amount he paid to the garage for services under a disaffirmed contract for the repair of his trucking business vehicles.

CASE FACTS
The minor sought an injunction to prohibit the sale of his truck, upon which the garage claimed an artisan's lien, and for return of the truck. The garage filed a counterclaim alleging that the minor owed him money for repairs to his truck and seeking a lien on the truck.

DISCUSSION

  • The court reversed the judgment awarded in favor of the minor, finding that the trial court erroneously determined the rights between the parties. 
  • The court agreed that the minor was entitled to disaffirm the contract for garage services, which were not necessities because the minor did not need to engage in business where his mother provided board, room, clothing, medical needs, and education. 
  • The court held that the minor was liable for benefits received even though they were not necessities and could not be returned in kind because there was no evidence that the garage took advantage of his minority or that the contract was disadvantageous to the minor. 
  • The garage was entitled to judgment in the amount of the benefit to the minor less the amount of payment made by the minor, and was required to return the engine and parts to the minor.
CONCLUSION
The court reversed the judgment awarding the minor damages in the amount he paid to the garage for services under a disaffirmed contract for the repair of his trucking business vehicles.


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