Klaus v. A. C. Thompson Auto & Buggy Co.
Supreme Court of Minnesota
Action in the district court for Bamsey county by plaintiff minor to recover $200 and the surrender of his promissory note for $800 in favor of defendant. The case was tried before Brill, J., who made findings and ordered judgment in favor of plaintiff. From the order denying its motion_ for amended findings or for a new trial, defendant appealed.
1Opinion of the CourtHolt, J.
Plaintiff, a minor SO years old, having repudiated the purchase of an automobile, sued to have the note given therefor canceled and the cash part payment returned. Judgment was ordered for a cancelation of the note and recovery of the payment made, and defendant appeals from the order denying a new trial.
Plaintiff was a minor when the agreement to buy the automobile was made. He paid $200 and gave his note for the balauce, viz., $800. By the terms of the note title to the 'automobile was to remain in defendant until full payment was made. Plaintiff kept and used the machine for a few days,…
2Cases cited3 opinions
- Johnson v. Northwestern Mutual Life Ins.Supreme Court of Minnesota · 1894
- Alt v. GraffSupreme Court of Minnesota · 1896
- Braucht v. Graves-May Co.Supreme Court of Minnesota · 1904
3Cited by5 opinions
- Berglund v. American Multigraph Sales Co.Supreme Court of Minnesota · 1916
- Steigerwalt v. the Woodhead Co. Inc.Supreme Court of Minnesota · 1932
- Gendreau v. North American Life & Casualty Co.Supreme Court of Minnesota · 1924
- Gislason v. Henry L. Doherty & Co.Supreme Court of Minnesota · 1935
- Stoffberg v. Hosbach Motors, Inc.Pennsylvania Court of Common Pleas · 1924