Cain v. Coleman

CHADICK, Chief Justice.

A minor through his father as next friend brought this suit against a used car dealer to recover $875.00 paid for a used automobile. Summary judgment against the partners composing the dealership was entered. The judgment is reversed and the case remanded for trial.

The affidavits on file show that the used car dealer, acting through one of its partners, sold Willie Coleman a 1957 Chevrolet Convertible on April 29, 1964, for $875.-00 cash. Willie Coleman was then twenty years of age, and had no need for the automobile. He took possession and drove the vehicle home,…