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This section contains the nature of the case and procedural background.

Halbam (P), a minor, entered into a contract with Lemke (D) for the sale of a 1968 Oldsmobile for $1,250. D was the manager of the gas station where P worked. P paid $1,000 down and was to pay D $25 per week until the balance was paid in full. After a total of $1,100 was paid a connecting rod on the engine broke. D offered to help P install a new engine at P's expense of procuring one. P declined and had the car repaired for $637.50. P did not pay the repair bill. P refused delivery of the title by D and returned the title to D and demanded a full return of the purchase price. The engine was then removed from the car and towed to P's house, and it remained there. D refused to retake delivery of the car and eventually the car was so vandalized that it was unsalvageable. P sued for rescission and D countered for the $150 due and owing on the contract. The trial court granted verdict to P. D appealed.

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