Martin v. Stewart Motor Sales

The plaintiff, a minor, brought his action by his next friend asking that a contract which he had entered into with the defendant for the purchase of an automobile be annulled and set aside and the defendant be required to refund to him the money paid. James Caldwell Martin, the minor, will be hereinafter referred to as the plaintiff.

The action is based upon the undisputed fact of the plaintiff’s minority. The only defense which we find necessary to consider was that he had misrepresented his age to the defendant and so could not avail himself of the provisions of section 599.2, Codes of…