WUEST v. COHEN


277 A.D. 916 (1950)

Gordon Wuest, an Infant, by Marjorie Griffith, His Guardian ad Litem, Respondent, v. David E. Cohen, Appellant

Appellate Division of the Supreme Court of the State of New York, Third Department.

June 27, 1950.


The action was brought to recover the amount paid by the plaintiff on a contract for the purchase of a motorcycle, which had been returned to the defendant. The plaintiff disaffirmed the contract on the ground of infancy. The defendant counterclaimed for the value of the use and depreciation of the machine. The jury returned a verdict for the plaintiff in the amount of $150, and no cause of action on the counterclaim. The plaintiff, as an infant, had an absolute right to...

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