B-127285, MAR. 22, 1956

B-127285: Mar 22, 1956

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WERE ACCEPTED DECEMBER 6. PAYMENT WAS MADE ON THE CONTRACT BUT THE PROPERTY WAS NEVER CLAIMED. SINCE THE CONTRACT WAS ENTERED INTO AND WAS TO BE PERFORMED IN UTAH. A MALE IS A MINOR UNTIL THE AGE OF 21 OR UNTIL MARRIED. POLISSAR WAS BORN APRIL 14. WAS NEVER MARRIED. WAS A MINOR BOTH WHEN HE ENTERED INTO AND WHEN HE DISAFFIRMED THE CONTRACT.

B-127285, MAR. 22, 1956

TO THE HONORABLE SECRETARY OF THE NAVY:

A LETTER OF MARCH 12, 1956, FROM THE ASSISTANT SECRETARY OF THE NAVY (MATERIAL) REQUESTS A DECISION AS TO WHETHER MR. JAN POLISSAR, BERKELEY, CALIFORNIA, MAY BE RELIEVED OF PERFORMANCE UNDER CONTRACT NO. N665S-26797 (SALES INVITATION B-144-56). THE ENCLOSURES WITH THE LETTER SHOW THAT MR. POLISSAR'S BIDS FOR THE PURCHASE OF CERTAIN SURPLUS PROPERTY FROM THE NAVAL SUPPLY DEPOT, CLEAR FIELD, OGDEN, UTAH, WERE ACCEPTED DECEMBER 6, 1955. PAYMENT WAS MADE ON THE CONTRACT BUT THE PROPERTY WAS NEVER CLAIMED. INSTEAD MR. POLISSAR ELECTED, BY LETTER OF JANUARY 13, 1955, TO DISAFFIRM THE CONTRACT BY REASON OF HIS MINORITY.

SINCE THE CONTRACT WAS ENTERED INTO AND WAS TO BE PERFORMED IN UTAH, THE CAPACITY OF THE PARTIES TO CONTRACT MUST BE DETERMINED BY THE LAW OF UTAH. SEE 11 AM.JUR. 417 AND CASES THERE CITED. UNDER SECTION 15 2-1 OF THE UTAH CODE, A MALE IS A MINOR UNTIL THE AGE OF 21 OR UNTIL MARRIED, WHICHEVER FIRST OCCURS. SECTION 15-2-2 OF THE CODE PERMITS A MINOR TO DISAFFIRM ANY CONTRACT OTHER THAN FOR THE REASONABLE VALUE OF NECESSARIES "BEFORE OR WITHIN A REASONABLE TIME AFTER HE ATTAINS HIS MAJORITY.' SECTION 15-2-3 OF THE CODE PREVENTS DISAFFIRMANCE OF A CONTRACT BY MINOR WHERE THE OTHER PARTY HAD GOOD REASON TO BELIEVE THE MINOR CAPABLE OF CONTRACTING BECAUSE THE MINOR REPRESENTED HIMSELF TO BE AN ADULT OR ENGAGED IN BUSINESS AS AN ADULT.

THE RECORD INDICATES THAT MR. POLISSAR WAS BORN APRIL 14, 1936, WAS NEVER MARRIED, AND, THEREFORE, WAS A MINOR BOTH WHEN HE ENTERED INTO AND WHEN HE DISAFFIRMED THE CONTRACT. THE MATERIALS CONTRACTED FOR, AN AUTOCLAVE STERILIZER AND 1,000 BOTTLES OF PRECIPITATED SULPHUR, CAN HARDLY BE CONSIDERED NECESSARIES. IN THE ABSENCE OF ANY SHOWING THAT THE MINOR AFFIRMATIVELY REPRESENTED HIMSELF TO BE CAPABLE OF CONTRACTING, THE CONTRACT MAY BE REGARDED AS VALIDLY DISAFFIRMED, AND MR. POLLISSAR'S PAYMENT MAY BE REFUNDED.