Toon

Toon v. MacK International Motor Truck Corp.

Good Law
1927 Cal. App. LEXIS 139·87 Cal. App. 151·262 P. 51
Court of Appeal of CaliforniaNovember 25, 1927Docket No. 4499.California1,687 words

Opinion

Lead Opinion

Peairs, J.

This is an appeal upon the judgment-roll alone. The facts material to a consideration of this appeal, so far as shown by the pleadings and findings, are as follows: That the appellant (plaintiff below), at all times hereafter so mentioned, was a minor, over the age of eighteen years. That on the twelfth day of January, 1921, the appellant, as purchaser, entered into a contract with the respondent (defendant below), as seller, for the purchase of a five-ton A. C. Mack truck for the purchase price of $7,540.75, payable $1,500 in cash, which payment was made by the appellant to the respondent, and the balance was payable in eighteen payments represented by a series of notes hearing eight per cent interest, the first of which matured on March 1, 1921, and the other seventeen maturing one each month' thereafter. That subsequently the appellant paid the sum of $225 on the purchase price of said truck, $216.90 being toward the principal of the first maturing note and the balance, or $8.10, being on account of interest. That no other or further payments were made by appellant. Thus altogether the appellant paid the sum of $1,725 to respondent. That at the time the contract was entered…

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