Pettit v. Liston
Oregon Supreme Court
191 P. 660 (1920)
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
Holding and Reasoning (Bennett, J.)