Garmon v. Davis

Ben H. Davis, a minor, by his next friend, on May 5, 1939, fled a petition to set aside a sale in -which he purchased an automobile from F. E. Garmon doing business as the Garmon Motor Company, and sought the return of the purchase-money of $750. The petition was in two counts, one on thé ground of fraud, the other on the ground that Davis was a minor. The first count alleged, among other things, “that the fraud and deceit practiced upon Ben H. Davis by the defendant constitutes a rescission of the contract of sale, and Ben H. Davis is entitled to be placed in status quo.” The judgment was in…