Contracts Keyed to Dawson
Halbman v. Lemke
Facts
Halbman initially paid $1,000 in cash and took possession of the car, with a payment plan for the balance due. Halbman took the car to a garage and had $637.40 of repairs done, but did not pay for them. Lemke later transferred title of the car to Halbman in an attempt to avoid liability for the vehicle. Halbman then returned the title, disaffirmed the contract and sought recovery of his money. The car was later vandalized, making it unsalvageable. The trial court granted summary judgment to Halbman, concluding that when a minor disaffirms a contract for the purchase of an item, he need only offer to return the property remaining in his hands without making any restitution for any use or depreciation. Halbman was also awarded interest from the date he disaffirmed the contract. The appellate court affirmed.
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