Bobby Floars Toyota, Inc. v. Smith

MORRIS, Chief Judge.

The only question posed for review is whether defendant Charles Smith’s voluntary relinquishing the automobile ten months after attaining the age of majority constitutes a timely disaffirmance of his contract with plaintiff.

The rule in North Carolina regarding a minor’s contract liability is as follows:

It is well settled that the conventional contracts of an infant, except those for necessities and those authorized by statute, are voidable at the election of the infant and may be disaffirmed by the infant during minority or within a reasonable time after reaching majority.…