Bowling v. Sperry – Case Brief
Bowling v. Sperry, 133 Ind. App. 692, 184 N.E.2d 901 (1962).
Facts: Sixteen year old Larry Bowling (P) purchased a used car from Sperry (D) for $140. Bowling attempted to return the car to Sperry after discovering that the main bearing was defective and was informed that repairs would cost $45-$95. P left the car with D and mailed a letter disaffirming the contract. P sued D for the return of his money and the trial court entered judgment for D on the grounds that the contract was not voidable, because P’s aunt and grandmother accompanied P when he purchased the car and gave him the money to purchase it. P appealed.
Issue: Is a purchase contract by a minor voidable despite the participation of an adult in the transaction?
Holding and Rule: Yes. A purchase contract by a minor is voidable despite the participation of an adult in the transaction.
The court held that the participation of P’s aunt and grandmother in the transaction did not change the rule that contracts by a minor regarding personal property are voidable.
The evidence showed that the sale was made between P and D and not one of the adults. D was fully aware of P’s age when the sale was negotiated and P had every right to disaffirm the sale. D had the burden to show that the car was a necessity and D did not meet that burden.
Disposition: Reversed and remanded.