Knudson v. General Motorcycle Sales Co.
Massachusetts Supreme Judicial Court
Two actions of contract against the same defendant, each brought by a minor by his next friend to recover money paid by the plaintiff toward the purchase of a motorcycle under a contract of conditional sale avoided and repudiated by the plaintiff, who had delivered back the motorcycle to the defendant and demanded the money paid by him.
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Two actions of contract against the same defendant, each brought by a minor by his next friend to recover money paid by the plaintiff toward the purchase of a motorcycle under a contract of conditional sale avoided and repudiated by the plaintiff, who had delivered back the motorcycle to the defendant and demanded the money paid by him. Writs in the Municipal Court of the City of Boston dated respectively August 11 and August 25, 1916. In the ICnudson case the defendant’s answer contained a claim in recoupment for use and misuse of the motorcycle by the plaintiff. In the Municipal Court the…
1Opinion of the CourtBraley, J.
By their failure in performance, no title to the motorcycles passed to the plaintiffs, and ordinarily all payments made on account of the purchase price would be forfeited. Chase v. Ingalls, 122 Mass. 381. Bailey v. Hervey, 135 Mass. 172. Smith v. Aldrich, 180 Mass. 367. But, as they were minors during the time covered by the contracts, each plaintiff seeks in the present actions to recover back the moneys paid.
The finding of the trial judge that the motorcycles were not necessaries is not assailed, and, notwithstanding the recital in each of the instruments, “that he is at least twenty-one…
2Cases cited16 opinions
- Sims v. EverhardtSupreme Court of the United States · 1880
- Chandler v. SimmonsMassachusetts Supreme Judicial Court · 1867
- Bailey v. HerveyMassachusetts Supreme Judicial Court · 1883
- McCarthy v. HendersonMassachusetts Supreme Judicial Court · 1885
- Walsh v. YoungMassachusetts Supreme Judicial Court · 1872
11 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Sternlieb v. Normandie National Securities Corp.New York Court of Appeals · 1934
- Schoenung v. GalletWisconsin Supreme Court · 1931
- J. G. Pierce Co. v. WallaceMassachusetts Supreme Judicial Court · 1925
- Moskow v. MarshallMassachusetts Supreme Judicial Court · 1930
- Kelly v. HaloxMassachusetts Supreme Judicial Court · 1926
19 more not listed; retrieve them via the Exa API.