Thosath v. Transport Motor Co.

(dissenting) — Under the common law, with certain exceptions not necessary here to notice, a person under legal age has not the capacity to bind himself absolutely by contract. 31 C. J. 1058. All such contracts are voidable. Ib. 1060. The disaffirmance of such a contract by the minor makes it void ab initio, and avoids all rights thereunder. Plummer v. Northern Pac. R ., Co., 98 Wash. 67, 167 Pac. 73, 7 A. L. R. 104.

The foregoing principles are, of course, subject to statutory modification, and our statute has made such a modification. The purport of the statute sufficiently appears in the…