Rice Auto Co. v. Spillman
Court of Appeals for the D.C. Circuit
Appeal from the Supreme Court of the District of Columbia. Action by C. Owen Spillman, Jr., an infant, by his next friend, F. T. Gary, against the Rice Auto Company, Inc. Judgment for plaintiff because of the insufficiency of the affidavit of defense, and defendant appeals. Affirmed.
1Opinion of the Court
SMYTH, Chief Justice.
Spillman, by his next friend, sued Rice Auto Company, Inc., for$1,535.45, with interest. He filed an affidavit of merit, under the seventy-third rule of the trial court, in which he stated that he, a minor, entered into a contract so far as he was able to do so with the Auto Company for the purchase of an automobile for $2,119.95, for which he was to pay $1,194.95 in partial payments, and deliver to the Auto Company a used automobile,'valued by the parties for the purpose of the deal at $925; that he delivered the-automobile as agreed, which, according to his information,…
2Cases cited2 opinions
- Rice v. . ButlerNew York Court of Appeals · 1899
- Wheeler & Wilson Manufacturing Co. v. JacobsNew York Court of Common Pleas · 1893
3Cited by6 opinions
- Cornwell v. Southern Maryland Trust Co.Court of Appeals for the D.C. Circuit · 1923
- Dawson v. FoxDistrict of Columbia Court of Appeals · 1949
- Fidelity & Deposit Co. v. United States ex rel. SmootCourt of Appeals for the D.C. Circuit · 1924
- Dissette v. DostCourt of Appeals for the D.C. Circuit · 1922
- Flather v. SchuergerCourt of Appeals for the D.C. Circuit · 1938
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