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BENTON v. SLOSS

Docket No. L.A. 22125.

38 Cal.2d 399 (1952)

240 P.2d 575

BEATRICE J. BENTON, a minor, etc., et al., Respondents, v. L.D. SLOSS, Appellant.

Supreme Court of California. In Bank.

February 15, 1952.

Attorney(s) appearing for the Case

McInnis & Hamilton and John W. McInnis for Appellant.

Johnson & Johnson and Harry Ashfield for Respondents.

Belli, Ashe & Pinney, as Amici Curiae on behalf of Respondents.

TRAYNOR, J.

On Friday, May 23, 1947, defendant Jay Fetters, a 19-year-old boy, selected at defendant Sloss' used car lot a 1935 Chevrolet that Sloss had purchased five days earlier. Sloss did not ask Jay his age or whether he had a driver's license. Jay paid $75 of the $100 down payment, and Sloss allowed him to take the car home. On Saturday afternoon, Jay returned with the car and the $25 balance of the down payment. While...

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