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PELHAM v. HOWARD MOTORS, INC.

Gen. No. 47,590.

20 Ill. App.2d 528 (1959)

156 N.E.2d 597

Tine Pelham, Father and Next Friend of Joe Pelham, a Minor, Plaintiff-Appellant, v. Howard Motors, Inc., an Illinois Corporation, Defendant-Appellee.

Appellate Court of Illinois — First District, Second Division.

Released for publication March 20, 1959.

Attorney(s) appearing for the Case

John W. Washington, of Chicago, for Tine Pelham, Father and next friend of Joe Pelham, a minor, plaintiff.

Arvey, Hodes & Mantynband, of Chicago (Howard Arvey, Ralph A. Mantynband, of counsel) for Howard Motors, Inc., defendant-appellee.

JUSTICE KILEY delivered the opinion of the court.

This is an action to recover the down payment a minor made in the purchase of an automobile. The trial court, without a jury, found that the automobile was a "necessary" and entered judgment for defendant's costs. Plaintiff has appealed.

The minor bought the automobile on May 21, 1956, under a conditional sale contract for $2075.60, and paid $500 down. At that...

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