Joyner v. Albert Merrill School

Facts

Michael Joyner was born in Mexico in 1919 and completed only sixth grade. He worked as a factory worker for 22 years earning less than $5,000 annually and spoke English with a pronounced accent. In June 1969, after seeing advertisements promising careers at good salaries, he visited defendant’s school. Despite informing representative Mr. Pardes of his age and limited education, he was given an aptitude test he could not complete in the allotted time. He was then told he scored a B-plus and had a head worth a $10,000 job, with assurances the school would place him in such employment. The application he signed contained merger clauses and disclaimers on the reverse side, which he never read or received a copy of. Throughout the 360-plus hours of classes through April 1970 and supplemental classes through spring 1971, Joyner repeatedly told instructors he could not understand the material and wanted to quit, but was discouraged from withdrawing and told everyone graduates and he would get the promised job. After completion, the placement office prepared a false resume showing a 1931 birth year instead of 1919 and false educational credentials. Despite 50 to 60 job interviews over five years, he never passed any employer tests. In spring 1975, defendants finally admitted they could not place him, and his $500 life savings were seized to satisfy the defaulted tuition loan.