Nathan v. Herman N. Karp, Inc.

McAvoy, J.:

This action was brought by the infant plaintiff to recover the sum of $2,000 which she had paid as the purchase price of a secondhand automobile. There are two causes of action alleged in the complaint. The first cause of action is based upon a disaffirmance of the transaction described on the ground of infancy; the second cause of action is to recover the sum paid to defendant because of fraud and misrepresentation. The second cause of action was withdrawn, and the trial proceeded upon the claim of a rescission upon the ground of infancy.

The plaintiff showed that she purchased the…