In December 1989, 16-year-old Travis brought a 1970 Pontiac GTO into M & M Precision Body and…

In December
1989, 16-year-old Travis brought a 1970 Pontiac GTO into M & M Precision
Body and Paint to get an estimate on repairs to the vehicle from Mizerski.
After examining the vehicle, Mizerski provided Travis with an estimate for
$1,550.35 in repairs and informed him that a $1,000 deposit to cover the cost
of parts and materials would be required before the work was begun. Travis
delivered the vehicle to Mizerski’s body shop in April 1990 to have the vehicle
repaired. He gave the deposit in the form of a $1,000 cashier’s check. In April
or May of 1990, Travis and his father went to
»

In December
1989, 16-year-old Travis brought a 1970 Pontiac GTO into M & M Precision
Body and Paint to get an estimate on repairs to the vehicle from Mizerski.
After examining the vehicle, Mizerski provided Travis with an estimate for
$1,550.35 in repairs and informed him that a $1,000 deposit to cover the cost
of parts and materials would be required before the work was begun. Travis
delivered the vehicle to Mizerski’s body shop in April 1990 to have the vehicle
repaired. He gave the deposit in the form of a $1,000 cashier’s check. In April
or May of 1990, Travis and his father went to the body shop to check on the car
and to discuss and authorize additional repairs. In July, they returned to the
body shop and, after an argument about the balance due, compromised on a
balance of $850. This amount was paid to Mizerski in the form of a cashier’s
check drawn on Travis’s parents’ account when Travis picked up the vehicle at
the end of July. Travis and his father were dissatisfied with Mizerski’s
workmanship, and after demanding and not receiving resolution of the problems,
Travis filed suit to disaffirm the contracts that he had made for the repair
work and to get his money back. In a state that follows the traditional
approach to the infancy doctrine, will he succeed?

»

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