51
C
ASE: 7
ISSUE BEFORE THE COURT
Whether a minor, when accompanied by an adult, who purchases an
automobile from a car dealer, may disaffirm the sale after the automobile
breaks down and needs repair.
Whether an automobile was a necessity for the minor.
THE FACTS
You Be the Judge!
You Be the Judge!
$140 for an automobile
in 1947 is the equivalent
of approximately
$2,500 for a car today.
e Plainti , Larry Bowling, a minor, sued the Defendant, Max
E. Sperry (Sperry Ford Sales), in an e ort to disa rm and set aside a
contract for the purchase of an automobile on the grounds that he was
a minor when he entered into the contract.
Larry, a 16-year-old high school student from Cromwell, Indiana,
worked at a restaurant in Syracuse, Indiana. Because this summer job
was at a restaurant eight to nine miles away from his home, he de-
cided to buy a car.
On June 29, 1957, Larry went to the local car dealer, Sperry Ford
Sales, with his aunt and grandmother. Larry had lived with his grand-
mother for most of his life. He decided to purchase a 1947 Plymouth
automobile for the sum of $140 from Sperry Ford Sales. He put $50
down on that day and returned July 1 to pay the balance of $90 and
take possession of the car.
e acting manager for Sperry Ford Sales, who sold Larry the car,
testi ed that when Larry's aunt and grandmother came to the sales lot
on June 29, "they" said Larry needed something for him to get back
and forth to work. Larry then selected the car, and his aunt drove the
car around the lot at that time.
Sperry delivered to Larry a certi cate of title and a written re-
ceipt in Larry's name alone. is receipt stated that as of June 29,
1957, Sperry Ford Sales sold to Larry Bowling a 1947 Plymouth for
the amount of $140 paid in full. Sperry was fully aware of Larry's age
when the sale was negotiated.
Larry drove the car several times during the following week and
discovered that the main bearing was burned out. He brought the car
back to Sperry's where Larry learned it would cost $45 to $95 to make
For Evaluation Purposes Only