Lakey v. Caldwell

KEETON, Justice.

Plaintiff (respondent here) brought this action'to recover a balance of $500.00 with interest, alleged due on a contract for the sale of an International combine harvester, sold the defendant on the 1st of August, *541948. The combine, the subject matter of this litigation, was a used, second hand machine.

In avoidance, the defendant in his answer, alleged that at the time of the sale he was eighteen years of age, had requested the plaintiff to be allowed to return the combine, and that he was ready, willing and able to do so, and the plaintiff refused to accept it; that he…