Pettit v. Liston Case Brief

Summary of PETTIT v. LISTON 97 Or. 464 (1920)

CASE: This was an action for rescission of a contract by a minor.

FACTS: Pettit (P) a minor brought this action by his guardian to recover $125 paid by him upon the purchased of a motorcycle from Liston (D). Plaintiff paid $125 down and was to pay $25 per month. Plaintiff used the motorcycle for a month and then returned it. demanding his money back. D refused to refund the money because Plaintif used the motorcycle and in so doing damaged it to the amount of $156.65. Plaintiff sued. The action was dismissed by the court and Plaintiff appealed.

ISSUE: Can a minor rescind a contract and return the merchandise after paying a portion of the purchase price and using the product without compensating the vendor for the wear and tear of that product?

RULE OF LAW: If a minor was treated fairly, he must compensate the seller for depreciation or damages to the article purchased.

ANALYSIS: Plaintiff a minor was treated fairly as an adult consumer. He was not overcharged or taken advantaged in any way by the Defendant. Therefore, the law does not exempt the Plaintiff a minor from such responsiblity Any minor should be liable for any deppreciation of the value of a product due to his use. In this case, the motorcyle.

CONCLUSION: Judgment affirmed for Defendant.


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