Savage v. Lichlyter
Supreme Court of Arkansas
Appeal from Crawford Circuit Court. Hugh F. Thomason, Judge. The abstract of appellant states that this action is founded on a penal bond for $1500, executed by Maria J. Lichlyter, Richard J. Miller and two others, defendants, and by certain others not sued, to the plaintiff, Joseph J. Savage, and to one George P. Gross, bearing- date September 14, 1870, and subject to a condition there under-written, reciting that the defendants and other parties to said instrument as heirs…
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Appeal from Crawford Circuit Court. Hugh F. Thomason, Judge. The abstract of appellant states that this action is founded on a penal bond for $1500, executed by Maria J. Lichlyter, Richard J. Miller and two others, defendants, and by certain others not sued, to the plaintiff, Joseph J. Savage, and to one George P. Gross, bearing- date September 14, 1870, and subject to a condition there under-written, reciting that the defendants and other parties to said instrument as heirs of George F. Miller, deceased, had on that day bargained and sold unto Savage & Gross a certain lot of land for a…
1Opinion of the CourtBatteE, J.
1. Inability of infant on executory contract.
First. There is a difference between an executory and an executed contract of an infant. In the latter case the contract is binding until it is avoided. In the former, it is without binding force until it is confirmed. If an infant is sued on his executory contract, before or after becoming of age, if he has not confirmed it since his majority, the infancy is a perfect defense. Edgerly v. Shaw, 25 N. H. 514; Tobey v. Wood, 123 Mass. 88; Tyler v. Fleming (Mich.), 35 N. W. Rep. 902; Bishop on Contracts, sec. 937; 1 Wharton on Contracts, sec. 50; Hale…
2Cases cited3 opinions
- Fetrow v. WisemanIndiana Supreme Court · 1872
- Tobey v. WoodMassachusetts Supreme Judicial Court · 1877
- Tyler v. Estate of GallopMichigan Supreme Court · 1888
3Cited by4 opinions
- Neal v. BrandonSupreme Court of Arkansas · 1905
- Siloam Springs v. BroylesSupreme Court of Arkansas · 1908
- Camp v. Bank of BentonvilleSupreme Court of Arkansas · 1959
- Parrish v. ParrishSupreme Court of Arkansas · 1935