Pelham v. Howard Motors, Inc.

This is an action to recover the down payment a minor made in the purchase of an automobile. The trial court, without a jury, found that the automobile was a “necessary” and entered judgment for defendant’s costs. Plaintiff has appealed.

The minor bought the automobile on May 21, 1956, under a conditional sale contract for $2075.60, and paid $500 down. At that time, he was 20 years and three months old, but in the Bill of Sale he certified that he was “21 years of age or over,” and he told the seller he was 22 years of age, because he “wanted to buy a car and I could not buy it at the age of…