Sixteen-year-old Johnny Hays went to Quality Motors, Inc., in Tennessee, to buy a car. When a salesperson
Question:
Sixteen-year-old Johnny Hays went to Quality Motors, Inc., in Tennessee, to buy a car. When a salesperson asked about his age, Johnny sidestepped the question. The salesperson refused to sell except to an adult. Hays left and returned shortly with a companion of 23, whom he had just met. The salesperson then sold Hays the car. The bill of sale was made out to the companion who, with the help of the salesperson, later transferred the title to Hays. When Hays’ father, Dr. D. J. Hays, discovered the sale, he called Quality Motors and asked them to take the car back. The company refused. Dr. Hays tried to return the car on three more occasions. Finally, the car was put into storage. Johnny Hays found the keys to the car and took it on a trip, damaging it in two accidents. As a result, the car was not in running condition at the time of the trial. Can Johnny disaffirm? Who will bear the loss due to the damage? (Masterson v. Sine, 216 Ark. 264)
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