Wallis v. Bardwell
Massachusetts Supreme Judicial Court
Contract on an account annexed for labor and materials furnished in the repair of a building upon real estate belonging to the defendants. Answer, a general denial.
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Contract on an account annexed for labor and materials furnished in the repair of a building upon real estate belonging to the defendants. Answer, a general denial. At the trial in the Superior Court, before Colburn, J., without a jury, it was admitted by the defendants that they were minor children of Josiah Bardwell, who was the duly appointed guardian of each of them; that they were the owners as tenants in common of certain real estate, consisting of a dwelling-house and land in Beverly; that the plaintiffs were employed by the guardian, who has since died, to furnish, and did furnish,…
1Opinion of the CourtColt, J.
The evidence offered was properly rejected, as immaterial. The rule is, that a guardian can make no contract binding upon the ward, or upon his estate. The guardian has only the control and management of the ward’s estate, with no title to it; a power not coupled with an interest. He may make contracts in his own name, but they only bind himself; and the ward does not become a party to them after the death or discharge of the guardian. Thacher v. Dinsmore, 5 Mass. 299. Hicks v. Chapman, 10 Allen, 463. Simmons v. Almy, 100 Mass. 239.
The plaintiffs bring themselves within no exception to the…
2Cases cited2 opinions
- Thacher v. DinsmoreMassachusetts Supreme Judicial Court · 1809
- Simmons v. AlmyMassachusetts Supreme Judicial Court · 1868
3Cited by12 opinions
- Rollins v. MarshMassachusetts Supreme Judicial Court · 1880
- Englebert v. TroxellNebraska Supreme Court · 1894
- Andrus v. BlazzardUtah Supreme Court · 1901
- Lothrop v. DuffieldMichigan Supreme Court · 1903
- Kirk v. MullenOregon Supreme Court · 1921
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