Dodson v. Shrader

Facts

Plaintiff, who at the time was 16 years of age, purchased a pick-up truck from Defendant for $4900. No discussion of Plaintiff’s age was had and Defendant testified that he believed Plaintiff to be 18 or 19 years old. Plaintiff bought the truck with money had had borrowed from his girlfriend’s grandmother. After nine months from the date of purchase, Plaintiff brought the truck in for repair after the truck began experiencing mechanical difficulties. The mechanic notified Plaintiff that it was likely the truck needed a repair. Plaintiff could not afford such repairs and elected to continue driving the truck around until the engine blew out. After unsuccessfully trying to return the truck to Defendant, Plaintiff parked the car in his front yard. While parked, a passing car hit the front fender of the truck; the estimated value of the truck after the collision was $500. Plaintiff brought suit against Defendants seeking to rescind the original agreement. The trial court granted P laintiff’s request and required Defendant to reimburse Plaintiff for the full purchase price.