Dodson V Shrader,

824 S.W.2d 545 (1992)

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Nature of the Case

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Facts

P, then 16 years of age, purchased a used 1984 pick-up truck from D. TD owned and operated Shrader's Auto Sales in Columbia, Tennessee. P paid $4,900 in cash for the truck, using money he borrowed from his girlfriend's grandmother. There was no inquiry by D, and no misrepresentation by P, concerning his minority. D did testify that at the time he believed P to be 18 or 19 years of age. Nine months after the date of purchase, the truck began to develop mechanical problems. A mechanic diagnosed the problem as a burnt valve, but could not be certain without inspecting the valves inside the engine. P continued to drive the truck despite the mechanical problems. One month later, in January, the truck's engine 'blew up' and the truck became inoperable. P parked the vehicle in the front yard at his parents’ home where he lived. He contacted D to rescind the purchase of the truck and requested a full refund. D refused to accept the tender of the truck or to give P the refund requested. P then filed an action in general sessions court seeking to rescind the contract and recover the amount paid for the truck. The general sessions court dismissed the warrant and P perfected a de novo appeal to the circuit court. At the time the appeal was filed in the circuit court D, through counsel, declined to accept the tender of the truck without compensation for its depreciation. The truck, while parked in P's front yard, was struck on the left front fender by a hit-and-run driver. The truck was worth only $500 due to the damage to the engine and the left front fender. The trial judge, based on previous common-law decisions and, under the doctrine of stare decisis reluctantly granted the rescission. D were ordered, upon tender and delivery of the truck, to reimburse the $4,900 purchase price to P. D appealed.