Business Law

James Halbman, Jr., a minor, entered into a contract to purchase an Oldsmobile from Michael Lemke. Halbman paid $1,000 cash and agreed to make weekly payments until the full purchase price was paid. Five weeks later, a connecting rod on the vehicle \’s engine broke, and Halbman took the card to a garage, where it was repaired at accost of $637.40. Halbman refuses to pay for the repairs, disaffirmed the contract with Lemke, and notified Lemke where the card was located. When Lemke refused to pick up the card and pay for the repair bill, the garage legally satisfied its garageman’s lien by removing the vehicle’s engine. It then towed the card to Halbman’s residence. Halbman notified Lemke to remove the card, but Lemke refused to do so. The card was subsequently vandalized, making it worthless and unsalvageable. Halbman sued to disaffirm the contract and recover the consideration from Lemke. Lemke argued that Halbman must make full restitution.

Halbman v. Lemke, 99 Wis.2d 241, 298 N.W.2d 562, Web 1980 Wisc. Lexis 2825 (Supreme court of Wisconsin)

Question: Who is correct?

Use one to two sentence to describe the issue to be decided by the court. Then provide your own opinion on what the court decision should be. You should support your reasoning with some legal authority. Cite legal principles, law and similar case decisions will have the strongest argument.

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