Beller v. Marchant
Supreme Court of Iowa
Appeal from Benton District Court. The plaintiff brought his action against the defendant upon an alleged breach of warranty and fraud in the sale of a horse. The defendant answered setting up two defenses, namely: 1st. A general denial. 2d. Infancy. The cause was tried to the court without a jury.
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Appeal from Benton District Court. The plaintiff brought his action against the defendant upon an alleged breach of warranty and fraud in the sale of a horse. The defendant answered setting up two defenses, namely: 1st. A general denial. 2d. Infancy. The cause was tried to the court without a jury. The plaintiff, after the defendant had testified as a witness that he was a little past nineteen years old, offered to prove by himself “ that at the time of the sale of the horse to him, by defendant, and for a long time before, said defendant was doing business for himself, in his own right, and…
1Opinion of the CourtMiller, J.
Section 2540 of the Revision of 1860 provides, that “ A minor is bound, not only by contracts for necessaries, but also by his other contracts, unless he dis-affirms them within a reasonable time after he attains his majority, and restores to the other party the money or property received by him by virtue of the contract, and remaining within his control at any time after his attaining his majority.”
Section 2541 enacts, that “No contract can be thus dis-affirmed in cases where, on account of the minor’s own misrepresentations as to his majority, or from his having engaged in business as an…
2Cases cited1 opinion
- Oswald & Co. v. Broderick & Co.Supreme Court of Iowa · 1855
3Cited by4 opinions
- First National Bank v. CaseySupreme Court of Iowa · 1912
- Jaques v. SaxSupreme Court of Iowa · 1874
- McClure v. IrwinSupreme Court of Kansas · 1933
- Szwed v. Morris Co.Missouri Court of Appeals · 1915