On October 1, George Jones entered into a contract with Johnson Motor Company, a dealer in automobiles, to buy a used car for $10,850
On October 1, George Jones entered into a contract with Johnson Motor Company, a dealer in automobiles, to buy a used car for $10,850. He paid $1,100 down and, under the agreement, was to make monthly payments thereafter of $325 each. Jones was seventeen years old at the time he made the contract, but he represented to the company that he was twenty-one years old because he was afraid that if the company knew his real age, it would not sell the car to him. His appearance was that of a man of twenty-one years of age. After making the first payment on November 1, he failed to make any more payments. On December 15, the company repossessed the car under the terms provided in the contract. At that time, the car had been damaged and was in need of repairs. On December 20, George Jones became of age and at once disaffirmed the contract and demanded the return of the $1,425 he had paid on it. On refusal of the company to do so, George Jones brought an action to recover the $1,425, and the company set up a counterclaim for $1,500 for expenses it incurred in repairing the car. Who will prevail? Why?
Individual GJ can be given relief, if Individual GJ decides to disaffirm the case, even if they misrepresented their age. Disaffirmance changes from state to state and court to court. Some other courts may not grant relief to Individual GJ, even if the disaffirmance is done. The court gives relief to Individual GJ only after the organization recovers the value of the use of the car as well as the depreciation caused. In this case, the organization has already repossessed the car.
Individual GJ can disaffirm the case even if Individual GJ has misrepresented their age. Sometimes, the court does not allow disaffirmance unless the minor pays, to the organization, the value of use of the car and the depreciation caused to the car.