Petit v. Liston
Oregon Supreme Court
From Lane: George F. Skipworth, Judge. Department 2. Plaintiff, a minor, brings this action by his guardian to recover $125, paid by him upon the purchase price of a certain motorcycle purchased from the defendants.
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From Lane: George F. Skipworth, Judge. Department 2. Plaintiff, a minor, brings this action by his guardian to recover $125, paid by him upon the purchase price of a certain motorcycle purchased from the defendants. The case involves the question of whether or not a minor, who has purchased an article of this kind, and taken and used the same, after paying part or all of the purchase price, can return the article and recover the money paid without making good to the vendors the wear and tear and depreciation of the same while in his hands. The defendants in the case were engaged in the…
1Opinion of the CourtBennett, J.
The amount involved in this proceeding is not large, but the question of law presented is a very important one, and one which has been much disputed in the courts, and about which there is a great and irreconcilable conflict in the authorities, and we have therefore given the matter careful attention.
The courts, in an attempt to protect the minor upon the one hand, and to prevent wrong or injustice to persons who have dealt fairly and reasonably with such minor upon the other, have indulged in many fine distinctions and recognized various slight shades of difference.
In dealing with the right…
2Cases cited10 opinions
- Rice v. . ButlerNew York Court of Appeals · 1899
- Chicago Mutual Life Indemnity Ass'n v. HuntIllinois Supreme Court · 1889
- Latrobe v. DietrichCourt of Appeals of Maryland · 1910
- Adams v. BeallCourt of Appeals of Maryland · 1887
- Berglund v. American Multigraph Sales Co.Supreme Court of Minnesota · 1916
5 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Murdock v. Fisher Finance CorporationCalifornia Court of Appeal · 1926
- Blomquist v. JenningsOregon Supreme Court · 1926
- Dodson Ex Rel. Dodson v. ShraderTennessee Supreme Court · 1992
- Olshen v. KaufmanOregon Supreme Court · 1963
- Gaither v. WallingfordOregon Supreme Court · 1921
9 more not listed; retrieve them via the Exa API.