Williams v. Leon T. Shettler Co.

Good Law
1929 Cal. App. LEXIS 573·98 Cal. App. 282·276 P. 1065
Court of Appeal of CaliforniaApril 15, 1929Docket No. 5638.California526 words

Opinion

lead Opinion

Houser, J.

On an installment contract plaintiff, who was a minor, purchased an automobile from the defendant Shettler Company for the sum of $1,530.24. In partial pay ment of the purchase price of said automobile plaintiff transferred to said defendant another automobile valued at $450, together with the sum of $150 in cash. Twelve days thereafter, because of alleged fraud of said defendant in the transaction, and because plaintiff was a minor, plaintiff dis-affirmed the agreement entered into between the parties, restored to the said defendant the automobile which plaintiff had purchased from it, and demanded the return to him of the automobile and the $150 in cash which he had delivered to said defendant at the time the agreement was executed. The said defendant Shettler Company having refused to comply with any part of such demand, action was brought by plaintiff through his guardian acl litem, not only against the said defendant, but as well against the defendant Pacific Finance Corporation, to which last-named company the installment contract for the purchase of the automobile by plaintiff was alleged to have been sold and assigned. From a judgment rendered by the court in favor of…

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