Legal Opinion · Dissent

Martin v. Stewart Motor Sales

Supreme Court of Iowa

Decided November 15, 1955No. 48800Published

1DissentWennerstrum, J.

(dissenting) — I am unable to agree with the majority opinion and consequently respectfully dissent.

It should be kept in mind that there were only two witnesses in this case, the plaintiff, the minor herein, who testified in his own behalf and the salesman for the defendant who testified for the defendant. As noted in the majority opinion under section 599.3, 1954 Code of Iowa, there can be no disaffirmance of a minor’s contract where by reason of the minor’s own misrepresentation as to his majority, or from having engaged in business as an adult, the other party had good reason to believe,…

2Cases cited3 opinions

  1. Beickler ex rel. Beickler v. GuentherSupreme Court of Iowa · 1903
  2. Friar v. Rae-Chandler Co.Supreme Court of Iowa · 1921
  3. Hawkeye Insurance Co. v. HustonSupreme Court of Iowa · 1903

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