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Contracts Keyed to Marshall
Valencia v. White
Citation:
654 P.2d 287 (1982)Facts
The appellee was a sophomore in high school, 17 years old, when his father established him in the trucking business in 1976 by giving him two truck-tractor semi-trailer rigs. The appellee hired drivers, secured jobs hauling produce and managed the business at a profit, as much as $26,000 in 1978. The appellee was single and lived at home with his parents, although his father left the home in December, 1976. He was furnished his food, clothing, and housing during his minority by his parents. The appellant owned and operated a garage in Nogales for the repair of motor vehicles, including large trucks and trailers. He serviced and repaired the appellee’s equipment from 1976 to July, 1977, when their disagreements commenced. In December, 1976, the appellee brought in one of his trucks with a major engine problem and the appellant agreed to replace its GMC engine with a Cummins to be built by the appellant. The engine was installed and the truck was delivered to the appellee in May, 1977. He experienced troubles with this truck shortly thereafter and returned it to the appellant. The evidence was in conflict as to whether the new engine, other mechanical defects, or misuse, caused this breakdown.
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