Halbman v. Lemke

298 N.W.2d 562 (1980)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

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.