Russell, B.N.F. v. Barre Plywood Co.

The plaintiff, who at all times herein considered was a minor, having at defendant’s request returned two trucks which he had leased or purchased from defendant, brought this action in contract by his next friend for the consideration paid. It is immaterial for the purposes of this opinion whether the transaction was a lease or sale, and so we do not belabor that point. There was no specific mention in the writ or complaint that plaintiff was a minor, nor was there an allegation that prior to bringing suit he had rescinded the contract and demanded a return of the consideration. When it was…