Halbman v. Lemke
Supreme Court of Wisconsin
298 N.W.2d 562 (Wis. 1980)
Relevant factsFree
Halbman (plaintiff), a minor, purchased a car for $1,100 from Lemke (defendant) and later disaffirmed the contract under the infancy doctrine after the car had depreciated in value. Halbman sought to recover the full purchase price, while Lemke sought restitution for the car's depreciation, arguing Halbman should not be able to return a car worth less than what he paid without compensating for the difference.
IssueFree
Whether a minor who disaffirms a contract for a non-necessity purchase must compensate the seller for depreciation in the item's value, or need only return what remains in his possession.