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Larry Bowling v. Max Sperry

(1962)

Appellate Court of Indiana - 133 Ind.App. 692, 133 Ind. App. 692

Tags: Capacity

tl;dr:

Don't sell a car to a kid as they likely retain the right to void your contract at will.

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Case Summary

In the 1962 Indiana appeal case, Bowling v. Sperry, 16-year-old Larry Bowling sued car dealer Max Sperry to cancel a contract for a used car due to Larry's young age. Bowling had purchased a 1947 Plymouth for $140 but realized a week later that it had a major defect. Sperry refused to accept the car's return or refund the money, so Bowling took legal action. The trial court dismissed the case, but the appellate court ruled in Bowling's favor, asserting that minors can void contracts at any time during their youth or once they reach legal adulthood.

The court disagreed with Sperry's claim that the car was necessary for Bowling's support or comfort and that his aunt and grandmother were involved in the transaction. They found that Sperry knew Bowling was a minor and the car's buyer. This case highlights the legal concept of capacity, a crucial element in valid contracts. Capacity refers to a person's ability to understand and appreciate the consequences of entering a contract. Minors, mentally incompetent individuals, and intoxicated persons usually lack capacity and can avoid contractual obligations, protecting them from exploitation or coercion by unscrupulous adults. Exceptions apply, like contracts for necessities or those ratified by minors upon reaching adulthood.

ICRAIssue, Conclusion, Rule, Analysis for Larry Bowling v. Max Sperry

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Facts & HoldingLarry Bowling v. Max Sperry case brief facts & holding

Facts:Plaintiff Bowling, a 16 year-old minor, purchased an automobile from...

Holding:The trial court was reversed as a matter of law...

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Larry Bowling v. Max Sperry | Case Brief DeepDive
Majority opinion, author: Myers, J.
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The case involves a minor who purchased a car from a used car lot, but later discovered a defect and disaffirmed the contract. The court ruled in favor of the car lot, but the minor appealed. The contracts of minors in Indiana are voidable and may be dis-affirmed at any time during their minority or upon reaching full age. The minor had the right to disaffirm the contract and recover the payment, as it was between an adult and a minor. The certificate of title does not affect the minor's right to disaffirm the contract. The parties do not need to be placed in statu quo before a disaffirmance is effected. The burned-out bearing caused by the minor's operation of the car is not a defense to this action. Capacity to buy and sell is governed by the general law concerning capacity to contract, and to transfer and acquire property, as regulated by Section 58-102, Burns' Ind. Stat., 1961 Replacement. The lower court erred in ruling in favor of the car lot.

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