case of a minor. In early April of 1987, JE Dodson, then 16 years of age, purchased a used 1984 pick-up truck from Burns and Mary Shrader. The Shraders owned and operated Shrader’s Auto Sales. Dodson paid $4,900.00 in cash for the truck, using money he borrowed from his girl-friend’s grandmother. At the time of the purchase, there was no inquiry by the Shraders, and no misrepresentation by Mr. Dodson, concerning his minority of age. In December of 1987, nine (9) months after date of purchase, the truck began to develop mechanical problems. A mechanic diagnosed the problem as a burnt valve but could not be certain without inspecting the valves inside the engine. Since Mr. Dodson has no money for the repair, he continued to drive the truck despite of its mechanical problem until the truck’s engine blew up and became inoperable. Mr. Dodson contacted the Shraders and wants to rescind the purchase contract of the truck and 3 requested a full refund. The Shrader refused to accept the tender of the truck or to give Mr. Dodson the refund requested. 1) Is Mr. Dodson entitled to a full refund of the money he paid? 2) Does the seller entitled to offset for the decrease in value of the pick-up truck while it was in the possession of the minor against the purchase price? Please state your reasons.
A case of a minor. In early April of 1987, JE Dodson, then 16 years of age, purchased a used 1984 pick-up truck from Burns and Mary Shrader. The Shraders owned and operated Shrader’s Auto Sales. Dodson paid $4,900.00 in cash for the truck, using money he borrowed from his girl-friend’s grandmother. At the time of the purchase, there was no inquiry by the Shraders, and no misrepresentation by Mr. Dodson, concerning his minority of age. In December of 1987, nine (9) months after date of purchase, the truck began to develop mechanical problems. A mechanic diagnosed the problem as a burnt valve but could not be certain without inspecting the valves inside the engine. Since Mr. Dodson has no money for the repair, he continued to drive the truck despite of its mechanical problem until the truck’s engine blew up and became inoperable. Mr. Dodson contacted the Shraders and wants to rescind the purchase contract of the truck and 3 requested a full refund. The Shrader refused to accept the tender of the truck or to give Mr. Dodson the refund requested.
1) Is Mr. Dodson entitled to a full refund of the money he paid?
2) Does the seller entitled to offset for the decrease in value of the pick-up truck while it was in the possession of the minor against the purchase price? Please state your reasons.
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