Kiefer v. Fred Howe Motors, Inc.

39 Wis.2d 20, 158 N.W.2d 288 (1968)

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Nature of the Case

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Facts

Kiefer (P), a 20-year-old married man with a child, bought a used car from Fred Howe Motors (D). The contract that P signed stated; 'I represent that I am 21 years of age or over.' P became dissatisfied with the car after engine trouble. P claimed the engine block was cracked. D refused to take the car back. After P turned 21, he tried to return the car. It was refused. P sued for rescission. The trial court determined that P was a minor when the contract was made and he was entitled to disaffirm that contract. The court ordered rescission. D appealed.