Legal Opinion

Kiefer v. Fred Howe Motors, Inc.

Wisconsin Supreme Court

Decided May 7, 1968No. 240PublishedCited by 13 opinions

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

  1. Schoenung v. GalletWisconsin Supreme Court · 1931
  2. Grauman, Marx & Cline Co. v. KrienitzWisconsin Supreme Court · 1910
  3. First National Bank in Oshkosh v. ScieszinskiWisconsin Supreme Court · 1964
  4. Wisconsin Loan & Finance Corp. v. GoodnoughWisconsin Supreme Court · 1930

3Cited by13 opinions

  1. Marian Hutter Owen v. Herbert Wangerin, Mary Wangerin, Dave ThompsonCourt of Appeals for the Seventh Circuit · 1993
  2. Federal Deposit Insurance Corporation v. Henry S. Lauterbach, John Debelak and Nicholas Lesselyoung, DefendantsCourt of Appeals for the Seventh Circuit · 1980
  3. Ritchie v. ClappierCourt of Appeals of Wisconsin · 1982
  4. Madison General Hospital v. HaackWisconsin Supreme Court · 1985
  5. Polycon Industries, Inc. v. Hercules Inc.District Court, E.D. Wisconsin · 1979

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