Wooldridge v. Lavoie
Supreme Court of New Hampshire
Assumpsit. The first action is assumpsit to recover the balance due on the purchase-price of an automobile. The second, is assumpsit to recover back the part of the purchase-price already paid. Trial by the court and verdict for the defendant in the first action, and for the plaintiff in the second for $210. The court found that Wooldridge sold Lavoie the car for $275, and that it was fairly worth that sum at that time.
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Assumpsit. The first action is assumpsit to recover the balance due on the purchase-price of an automobile. The second, is assumpsit to recover back the part of the purchase-price already paid. Trial by the court and verdict for the defendant in the first action, and for the plaintiff in the second for $210. The court found that Wooldridge sold Lavoie the car for $275, and that it was fairly worth that sum at that time. Lavoie paid him $200 at the time of the sale, and has since paid $10. The court, while the trial was in progress, permitted Lavoie, who is a minor, to rescind the contract he…
1Opinion of the CourtYoung, J.
Since Lavoie was a minor, he could rescind the contract he made with Wooldridge at any time before he became twenty-one, or within a reasonable time thereafter, for any reason or for no reason, and recover back the money he had paid toward the purchase-price by returning the car and accounting- for (1) any benefit he had received from its use and (2) paying any damage to the car that was caused by his tortious acts. Hall v. Butterfield, 59 N. H. 354, 358; Bartlett v. Bailey, 59 N. H. 408; Young v. Currier, 63 N. H. 419.
While it is true, as Wooldridge contends, that the pleasure to be derived…
2Cases cited4 opinions
- Hall v. ButterfieldSupreme Court of New Hampshire · 1879
- Bartlett v. BaileySupreme Court of New Hampshire · 1879
- Stack v. CavanaughSupreme Court of New Hampshire · 1891
- Young v. CurrierSupreme Court of New Hampshire · 1885
3Cited by1 opinion
- Clini v. New Haven Brewing Co.Supreme Court of Connecticut · 1935