Pettit v. Liston – Case Brief Summary
Summary of Pettit v. Liston, 97 Or. 464 (1920).
Facts
Pettit (P), a minor, contracted with Liston (D) for the purchase of a motorcycle. Pettit made an initial payment of $125 and thereafter was to pay $25 per month. After one month Pettit damaged the motorcycle and attempted to return it, demanding that Liston return the $125 dollars he had paid. Liston refused to refund the money because Pettit had caused $157 in damage to the motorcycle. The trial court dismissed the case and Pettit appealed.
Issue
If a minor seeks to rescind a sales contract after using and damaging the purchased product, is the minor responsible for depreciation in value or damages?
Holding and Rule
If a minor seeks to rescind a sales contract after using and damaging the purchased product, the minor must compensate the seller for depreciation and damages to the item if he or she was treated fairly.
If the minor was treated fairly and as an adult consumer, as here, the law does not exempt him from the obligation to compensate for damages and depreciation. There was no allegation or evidence that Pettit was taken advantage of or overcharged.
Disposition
Judgment for Liston affirmed.
See Garratt v. Dailey for a law school torts case brief in which the court held that a five year old minor was liable for battery for pulling a chair from under an elderly woman as she was about to sit down.