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Keywords

contracttrialbailquasi-contract
contracttrial

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Loomis v. Imperial Motors, Inc., 88 Idaho 74, 396 P.2d 467, 12 A.L.R.3d 1166

Facts

On August 30, 1963, Loomis, an unmarried minor over the age of eighteen, purchased an automobile, paying cash and trading in a motorcycle. After driving the car to his permanent residence in California, Loomis disaffirmed the contract and offered to return the automobile on September 19, 1963, which was refused by Imperial Motors, Inc. Following his twenty-first birthday, Loomis commenced this action, and the automobile was eventually accepted by Imperial on November 7, 1963. The trial court ruled in favor of Loomis for the return of the purchase price but allowed an offset for rental value.

On August 30, 1963, Loomis, an unmarried minor over the age of eighteen, purchased an automobile, paying cash and trading in a motorcycle.

Issue

Whether the trial court erred in allowing an offset for rental value during the period between Loomis's offer to return the automobile and its actual return.

Whether the trial court erred in allowing an offset for rental value during the period between Loomis's offer to return the automobile and its actual return.

Rule

The right of minors to disaffirm contracts is provided by I.C. § 32–103, which states that a contract made by a minor may be disaffirmed upon restoring the consideration or paying its equivalent. Additionally, a tender, if offered and refused, excuses the tendering party from the necessity of any further offer.

The right of minors to disaffirm contracts is provided by I.C. § 32–103, which states that a contract made by a minor may be disaffirmed upon restoring the consideration or paying its equivalent.

Analysis

The court applied the rule regarding minors' rights to disaffirm contracts, noting that Loomis's offer to return the automobile was sufficient to disaffirm the contract. The court found that the relationship between Loomis and Imperial was that of bailor-bailee, and since Loomis had disaffirmed the contract, he was not liable for rental value during the period of possession. The court emphasized that the relationship did not support a claim for rental value as it was not a quasi-contract situation.

The court applied the rule regarding minors' rights to disaffirm contracts, noting that Loomis's offer to return the automobile was sufficient to disaffirm the contract.

Conclusion

The Supreme Court reversed the trial court's decision allowing an offset for rental value, concluding that Loomis's disaffirmance of the contract voided any obligation for rental payments.

The Supreme Court reversed the trial court's decision allowing an offset for rental value, concluding that Loomis's disaffirmance of the contract voided any obligation for rental payments.

Who won?

Loomis prevailed in the case because the Supreme Court found that he had the right to disaffirm the contract and was not liable for rental value during the period of possession.

Loomis prevailed in the case because the Supreme Court found that he had the right to disaffirm the contract and was not liable for rental value during the period of possession.

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