Bowling v. Sperry

Bowling was an un-emancipated 16-year-old with a summer job about 9 miles away from his home. He was a minor (below the age of 18). To get to his job, he usually bummed a ride with another employee.

Bowling & 2 adult family members went to Max Sperry (defendant) where Bowling agreed to buy a 1947 Plymouth hot rod for $140.00.

On a pleasure drive, Bowling noticed that the car's main bearing was worn out. Upon learning that he would need to spend $95 to repair the car, Bowling returned the car to the dealership & dis-affirmed the contract.

Sperry refused to refund $140 to Bowling.

Bowling filed a suit against Sperry (car dealer) in an Indiana trial court.

Bowling lost in the trial court.

Can a minor dis-affirm a contract to buy an item & demand a return of all funds paid if the opposing party can't show that the item is a necessity?

Bowling argued that because he was under 18, he could dis-affirm the contract as a minor.

Yes. A minor can dis-affirm a contract to buy a car & demand a return of all funds paid if the opposing party can't show that the item is a necessity.

Reversed.

The infancy doctrine allows an un-emancipated minor to dis-affirm a contract. The minor is entitled to a refund.

However, if the purchased item is a necessary item, then the minor may not dis-affirm the contract.

Necessity is the defense to the infancy doctrine.

• Contracts_Ayres/9th_ed._Outline#B._Capacity