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Halbman v. Lemke | 298 N.W.2d 562 (1980)

Minors occupy a special place in the law. Minor rights, privileges, and limitations often exist for the minor’s own protection. For example, the infancy doctrine gives minors the right to disaffirm, or repudiate, certain contracts. In Halbman versus Lemke, we explore how much responsibility minors should be able to avoid under the doctrine.

James Halbman Junior was a minor. Halbman worked at a gas station managed by Michael Lemke. Lemke agreed to sell a car to Halbman for one thousand two hundred fifty dollars. Halbman gave Lemke one thousand dollars and arranged to pay the remainder in installments. Halbman took possession of the car, and Lemke agreed to retain the title until payoff. Five weeks later, one of the car’s engine components broke, so Halbman had the car fixed at a garage. However, Halbman didn’t pay the repair bill, so the repaired car languished at the garage. Lemke then transferred the car’s title to Halbman to avoid future liability. Halbman returned the title, which disaffirmed the parties’ agreement. Halbman sought a return of all payments, but Lemke refused. To satisfy Halbman’s outstanding repair bill, the garage removed the car’s transmission and engine and towed the inoperable vehicle to the Halbman residence. Vandals destroyed the car, and Lemke declined to remove it.

Halbman sued Lemke in a Wisconsin trial court to recover all payments, arguing that Halbman’s minor status allowed him to disaffirm the agreement, offer to return the car, receive a refund, and skip paying restitution for the car’s damage. The trial court agreed. Lemke appealed to the Wisconsin Court of Appeals. The court affirmed the trial court’s finding on restitution, so Lemke appealed to the Wisconsin Supreme Court.

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