Kiefer v. Fred Howe Motors, Inc.
Wisconsin Supreme Court
1Opinion of the CourtWilkie, J.
Three issues are presented on this appeal. They are:
1. Should an emancipated minor over the age of eighteen be legally responsible for his contracts?
2. Was the contract effectively disaffirmed ?
3. Is the plaintiff liable in tort for misrepresentation?
Legal Responsibility of Emancipated Minor.
The law governing agreements made during infancy reaches back over many centuries.1 The general rule is that “. . . the contract of a minor, other than for necessaries, is either void or voidable at his option.” 2 The only other exceptions to the rule permitting disaffirmance are statutory 3 or involve…
2Cases cited4 opinions
- Schoenung v. GalletWisconsin Supreme Court · 1931
- Grauman, Marx & Cline Co. v. KrienitzWisconsin Supreme Court · 1910
- First National Bank in Oshkosh v. ScieszinskiWisconsin Supreme Court · 1964
- Wisconsin Loan & Finance Corp. v. GoodnoughWisconsin Supreme Court · 1930
3Cited by13 opinions
- Marian Hutter Owen v. Herbert Wangerin, Mary Wangerin, Dave ThompsonCourt of Appeals for the Seventh Circuit · 1993
- Federal Deposit Insurance Corporation v. Henry S. Lauterbach, John Debelak and Nicholas Lesselyoung, DefendantsCourt of Appeals for the Seventh Circuit · 1980
- Ritchie v. ClappierCourt of Appeals of Wisconsin · 1982
- Madison General Hospital v. HaackWisconsin Supreme Court · 1985
- Polycon Industries, Inc. v. Hercules Inc.District Court, E.D. Wisconsin · 1979
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