Central Bucks Aero, Inc. v. Smith

Opinion by

Spaeth, J.,

This is an appeal from the granting of defendantappellee’s motion for summary judgment. The issue is whether we should overturn the longstanding common law doctrine that a minor by disaffirming a contract can avoid liability under the contract.

Appellee, when twenty years of age, leased an airplane from appellant. In the process of landing, appellee damaged the airplane beyond repair, and also damaged the landing field. After appellant filed suit in trespass, appellee disaffirmed the lease.

When a minor disaffirms a contract, unless the contract is for necessaries, the…