HomeMy WebLinkAbout1871 263654
263654 ~~`ROCf~ Pu TRA~~~ l IH ~1'Ha CIVIL UIVISION OF
COUNTY COUttT IN ANll FOR
CllFK ~~~•CUIT COURT SAINT LLICIS COUNTY, FI.OItItaA
Rf!'~RD VEk F~EO
~ i~ p 03 ~u t~~ CASB N0. 73-681-SP-O1
7 1111
PETER M. CIOFFI d/LJa )
SOUTH PLA'LA SHELL
Plaintiff )
_vs - • _ )
THOMAS COSGROVB )
Defendant
)
O K U E R ,
Both parties are not without fault.
The defendant, a 17 year old, took his car to the plaintiff to be
repaired. He was told that a rebuilt carburetor .~ould be installed at a
cost of ~30. Testimony showed to the Court that a rebuilt carburetor did
not correct the problem and a fuel pump wae added.
The defe~dant contends that he should not pay for the entire balance
and that even after the repairs the car did no[ f~nction properly. It ~s
noted by the Court that he did not take the car back for re-adjustment nor
did he offer to remove those parts which were added. Such cannot be done
now because the car has been disposed of by the defendant.
Courtesy and common sense would have shown that a mere phone call by
; the plaintiff ~~ould have alleviated this problem; however, such are [he
I
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~ basis of good law suits. The defendant cannot unjustly be cnriched;
~ through his own actions he benefited. The plaintiff cannot recover for
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~ something which was not contracted for. It would be a simple problem
~ indeed if the fuel pump were returned, If one theory fails the other
~
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~ must nrevail and the losing party must rejoice in the fact that a decision
has _been made.___
~ The major factor in the case is the age of the def endant. A legal
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~ contract cannot be made with a minor. As a matter of law, the plaintiff
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~ canno[ recover. It is, therefore, upon
~ CONSIDEliATIO`7, ORDEREU a~d ADJUUGED that the plaintiff shall ~o hence
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without day and take nothing by this cause.
~ t
~ DO~E and QRDEREll this !Z day of September, 1973.
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- WILLIAM G. 1YE, County Judoe
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~ ~ a~2~.8 P~~.8?0
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