Dodson V. Shrader
Name
Professor
Date
Dodson V. Shrader
This is an action to disaffirm a minor’s agreement for buying a pick-up truck and for a refund of the buying price. The concern is whether the minor is authorized to get a whole repay of the cash he paid or whether the merchant is entitled to a setoff for the depreciation of the pick-up while it was in the ownership of the minor.
In April 1987, Joseph Eugene Dodson, then sixteen years old, bought a second-hand pick-up truck from Burns and Mary Shrader. Dodson paid a sum of $4,900 in cash for the truck, using the cash he loaned out from his fiancée’s grandmother. At the moment of purchase, no inquiry was made by the Shraders, and there was no perversion by Mr. Dodson about his marginal. Though Mr. Shrader did testify that he believed Mr. Dodson was over 18 years old (Hale, 2020).
Nine months after purchase, the pick-up started to develop mechanical issues, but Mr. Dodson did not repair the truck; instead, he continued driving the truck. One month later, the engine blew up, and the truck became unworkable. He contacted the Shrader’s to overturn the purchase and demanded a full refund, but the shraders declined the request.
Dodson then filed the case in general session court, pursuing to overturn the agreement and recover the cash, a request which was dismissed by general court sessions. Mr. Dodson appealed the case to the circuit court, and by the time the case was filed, Shrader, through his lawyer, declined to accept the truck back without compensation (Dodson bt Dodson v. Shrader, 2017). The trial judged, basing on a previous common-law decision, ordered Mr. Shrader to reimburse Dodson the full amount, a decision that was appealed by Shrader. The case is remanded to the trial court for further actions following this ruling.
Reference
Dodson bt Dodson v. Shrader. (2017, Jan 27). Retrieved from casemine.com: https://www.casemine.com/judgement/us/591487e8add7b049344eba8c
Hale, M. A. (2020). Dodson V. Shrader. Retrieved from Case Briefs: https://www.casebriefs.com/blog/law/contracts/contracts-keyed-to-knapp/avoiding-enforcement-incapacity-bargaining-misconduct-unconscionability-and-public-policy/dodson-v-shrader/#:~:text=Held.,are%20in%20the%20minor’s%20possession.