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Halbman v. Lemke

Supreme Court of Wisconsin
298 N.W.2d 562 (Wis. 1980)


Facts

James Halbman (plaintiff), a minor, entered into a contract to buy a car from Michael Lemke (defendant). The car was to be paid for in installments and after Halbman had paid $1,100 on the $1,250 purchase price, a connecting rod on the car’s engine broke. Halbman repaired it at a cost of over $600. He then sent a letter to Lemke disaffirming the contract and asking for his money back. Lemke refused. Between the time the car was repaired and the contract was disaffirmed, vandalism made the car unsalvageable. Halbman brought suit for the $1,100 he had paid on the car, and Lemke counterclaimed for the $150 left on the purchase price. The trial court ruled in favor of Halbman and the appellate court affirmed. Lemke appealed.

Rule of Law

Issue

Holding and Reasoning (Callow, J.)

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