BOBBY FLOARS TOYOTA, INC. v. SMITH

No. 808DC167.

269 S.E.2d 320 (1980)

48 N.C. App. 580

BOBBY FLOARS TOYOTA, INC. v. Charles Edward SMITH, Jr. and Stella L. Smith.

Court of Appeals of North Carolina.

September 2, 1980.


Attorney(s) appearing for the Case

David M. Rouse, Goldsboro, for plaintiff-appellant.

No counsel contra.


MORRIS, Chief Judge.

The only question posed for review is whether defendant Charles Smith's voluntarily relinquishing the automobile ten months after attaining the age of majority constitutes a timely disaffirmance of his contract with plaintiff.

The rule in North Carolina regarding a minor's contract liability is as follows:

It is well settled that the conventional contracts of an infant, except those for necessities and those authorized by statute...

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