52
C
ASE: 7
You Be the Judge!
You Be the Judge!
Sources
The case brie ng above contains excerpts and direct extractions from the sources noted
below that have been combined with the author's own expert legal input. The case has
been condensed and formatted from its original content for purposes of this workbook.
Bowling, etc. v. Sperry, etc., 133 Ind. App. 692, 184 N.E.2d 901 (1962).
Court of Appeals Indiana
September 10, 1962. Opinion written by the Honorable Justice Walter Myers, Jr.
An automobile can be
considered a necessity
in the modern world.
repairs. He refused to pay this amount and le the car on Sperry's
lot. Subsequently, he mailed a letter to Sperry to the e ect that he
disa rmed the contract of purchase and demanded the return of his
money. Upon Sperry's refusal to pay back the $140, this lawsuit fol-
lowed.
At trial, Sperry defended the action on grounds that Larry was
with his grandmother and aunt on the day he purchased the car and
that his aunt actually paid for the car.
It was also revealed at trial that Larry's aunt loaned him $90 in
order to make nal payment on the car and that he began paying his
aunt back at $10 a week.
Larry testi ed that during the short period of time he had pos-
session of the 1947 Plymouth, he only used it for pleasure and did not
drive it to work.