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Bowling v. Sperry

Appellate Court of Indiana, Division No. 1
184 N.E.2d 901 (1962)


Facts

Larry Bowling (plaintiff), a minor, purchased an automobile from Max Sperry (defendant), for $140.00. When Bowling first looked at the car on Sperry’s car lot, he was accompanied by his aunt and grandmother. Bowling’s aunt test-drove the car, and loaned him $90.00 for the purchase price. The agreement for sale was executed solely between Bowling and Sperry. In the first week of driving the car, Bowling noticed that the main bearing was burned out. Bowling returned the car to Sperry, who said it would cost between $45.00 and $95.00 to make repairs. Bowling refused to pay for repairs, and left the car on Sperry’s lot. Bowling mailed a letter to Sperry disaffirming the contract of purchase and demanding the return of his money. Sperry refused, and Bowling brought suit against Sperry in Indiana state court. The trial court held for Sperry, and Bowling appealed.

Rule of Law

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Issue

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Holding and Reasoning (Myers, J.)

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  • A “yes” or “no” answer to the question framed in the issue section;
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  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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