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Pettit v. Liston

Oregon Supreme Court
191 P. 660 (1920)


Facts

Pettit (plaintiff), a minor, purchased a motorcycle from Liston (defendant) for $325. Pettit made a down payment of $125 and was to pay the balance through monthly installments of $25. After using the motorcycle for a little more than a month, Pettit returned it and demanded back his $125 down payment. Liston refused on the grounds that Pettit’s use of the motorcycle had caused $156.65 in damage to it. Pettit sued Liston and filed a demurrer in response to Liston’s answer. The court dismissed Pettit’s complaint, and he appealed.

Rule of Law

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Issue

The issue section includes the dispositive legal issue in the case phrased as a question. To access this section, start your 7-day free trial of Quimbee for Law Students.

Holding and Reasoning (Bennett, J.)

The holding and reasoning section includes:

  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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