Freeman v. . Bridger
Supreme Court of North Carolina
Tins was an action of assumpsit, commenced by attachment, and tried before SauNDEbs, Judge, at the Fall Term, 1855, of Bertie Superior Court. The defendant pleaded “ general issue and infancyto the latter plea, the plaintiff replied that part of the articles furnished were necessaries. The action was brought for the price of timber furnished by the plaintiff to the defendant for the building of a house, and for other articles.
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Tins was an action of assumpsit, commenced by attachment, and tried before SauNDEbs, Judge, at the Fall Term, 1855, of Bertie Superior Court. The defendant pleaded “ general issue and infancyto the latter plea, the plaintiff replied that part of the articles furnished were necessaries. The action was brought for the price of timber furnished by the plaintiff to the defendant for the building of a house, and for other articles. The defendant was an infant at the time those articles were furnished, and. lived with his mother. lie had at that time a guardian, who- took no control over him or his…
1Opinion of the CourtPearson, J.
An infant is presumed not to have sufficient discretion to enable him to transact business and make contracts. So, the general rule is, that the contract of an infant is not binding on him. The exception is, that an infant is bound to pay for goods sold and delivered to him, provided they are necessary for his support. This is put on the ground, that unless an infant can get credit for “ necessaries” “ he may starve”; or as it is expressed in some of the cases, “ an infant must live, as well as a man, therefore, the law gives a reasonable price to those who furnish him with necessaries ad…
2Cited by11 opinions
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- Gastonia Personnel Corporation v. RogersSupreme Court of North Carolina · 1970
- Barger v. M. & J. Finance Corp.Supreme Court of North Carolina · 1942
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