Appeals, Nos. 202 and 203, Cot. T., 1960, from orders of Municipal Court of Philadelphia County, Oct. T., 1956, No. 1352, in case of Theodore Richard Snyder, a minor, by Theodore Frank Snyder, his guardian, v. Town Hill Motors, Inc. et al. Orders affirmed.
Howard M. Girsh, with him William P. Thorn, for appellant.
Harry Cohen, with him Ralph Schwartz, for appellees.
Before Rhodes, P.j., Gunther, Wright, Woodside, Ervin, Watkins, and Montgomery, JJ.
[ 193 Pa. Super. Page 579]
OPINION BY MONTGOMERY, J.
This was an action of assumpsit in which minor appellant sought to recover $1,000.00 from appellees on three theories, viz., (a) fraud perpetrated by appellees upon him, (b) the right of rescission of a minor's contract, and (c) the right of an infant to rescind the negotiation of an instrument under § 3-207 of the Uniform Commercial Code of 1953, April 6, P.L. 3 (12A P.S. § 3-207). The jury returned a verdict for defendants (appellees) and appellant's motions for judgment n.o.v. and a new trial were refused.
[ 193 Pa. Super. Page 580]
The following relevant facts are established from the stipulation filed in lieu of printing the notes of testimony:
The minor (Snyder) contracted with his friend, Rhea, to purchase the latter's 1955 Chrysler automobile for $1,000.00 and the trade of his 1946 Pontiac automobile. Thereafter they went to the place of business of the Town Hill Motors, Inc. (hereinafter referred to as Motor Company), where Rhea negotiated with Abbamondi, the Motor Company's salesman, for the purchase of a Lincoln automobile. Thereupon, Rhea instructed Snyder to assign the title of the Pontiac to the Motor Company and to endorse and deliver to it the check for $1,000.00 made to Snyder's order and in his possession, as the down payment by Rhea on the Lincoln. Snyder intended to use the check in payment for the Chrysler. Snyder complied with Rhea's instructions, delivered the check and title to Abbamondi as agent for the Motor Company, and demanded a receipt from Rhea, who gave it in the following form:
"Received of Richard Snyder one-thousand dollars and 1946 Pontiac Coupe ... in exchange for a 1955 Chrysler Windsor. ..."
Snyder accepted delivery of the Chrysler; but one month or more later he returned it to the Motor Company and, contending that the amount of an encumbrance on the Chrysler was more than Rhea had represented it to be, demanded the return of the Pontiac and $1,000.00. Having deposited the check and received the proceeds thereof, the Motor Company refused Snyder's demand. Rhea disposed of the Chrysler and applied the proceeds of the sale on the encumbrance.
The lower court refused to submit the issue of fraud to the jury and stated in its opinion that, if any fraud existed, it had been committed by Rhea and not by the ...