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Kiefer v. Fred Howe Motors, Inc

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Bloomberg Law

Citation. 39 Wis. 2d 20, 158 N.W.2d 288, 1968 Wisc. 959

Brief Fact Summary. Plaintiff Steven Kiefer, purchased an automobile from Defendant Fred Howe Motors, Inc., when he was a few months short of his twenty-first birthday even though he represented that he was twenty-one already. After he became of age, Plaintiff sought to return the automobile and sued to recover the purchase price.

Synopsis of Rule of Law. The contract of a minor, other than for necessaries, is either void or voidable at his option.

Facts. Plaintiff, a working husband and father, purchased a five-year-old station wagon from Defendant. Plaintiff was a few months shy of his twenty-first birthday at the time of the purchase. Despite this, the contract Plaintiff signed stated, “I represent that I am 21 years of age or over and recognize that the dealer sells the above vehicle upon this representation.” After becoming of age, Plaintiff had difficulties with the car, and he sought to return it. Plaintiff initiated the present suit to recover the purchase price.

Issue. Did the plaintiff have the capacity to enter into the contract?

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