Flexner & Lichten v. Dickerson
Supreme Court of Alabama
Appeal from the Circuit CourWt Butler. Tried before the Hon. JaME^BCobb. This action was brought by€iRippellants, suing as partners, against Thomas Dickerson and Preston Dickerson ; was founded on the defendants’ written obligation, dated January 5th, 1878, signed “ Tom crncl Preston Dickerson,” and in these words : “ On the first day of October, 1878, we promise to pay to Sarah Dickerson one bale cotton, 400 lbs., and one hundred and fifty bush, corn, to be delivered in…
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Appeal from the Circuit CourWt Butler. Tried before the Hon. JaME^BCobb. This action was brought by€iRippellants, suing as partners, against Thomas Dickerson and Preston Dickerson ; was founded on the defendants’ written obligation, dated January 5th, 1878, signed “ Tom crncl Preston Dickerson,” and in these words : “ On the first day of October, 1878, we promise to pay to Sarah Dickerson one bale cotton, 400 lbs., and one hundred and fifty bush, corn, to be delivered in Greenville, or at some save [safe ?] house at the plantation, the same being for rent; also, the seed out of the above…
1Opinion of the Court
SOMERYILLE, -J.
The following propositions we consider to be settled by the modern decisions in this country, including our own adjudged cases : 1. Infants are not liable on any of their contracts, excepting only for necessaries, — the sum to be recovered iirsuch cases being the just value of the necessaries, and not what was agreed to be paid. 2. The only act which an infant is legally incapacitated to perform, is the appointment of pm attorney. 3. All other contracts of infants, whether executory or executed, may be avoided or ratified at the election of the infant, being considered…
2Cases cited5 opinions
- Bool v. MixNew York Supreme Court · 1837
- Eureka Co. v. EdwardsSupreme Court of Alabama · 1881
- Clark & Co. v. GoddardSupreme Court of Alabama · 1863
- Manning v. JohnsonSupreme Court of Alabama · 1855
- Philpot v. BinghamSupreme Court of Alabama · 1876
3Cited by11 opinions
- Penney v. Pritchard & McCallSupreme Court of Alabama · 1950
- American Freehold Land Mortgage Co. v. DykesSupreme Court of Alabama · 1895
- Wiggins Estate Co. v. JefferySupreme Court of Alabama · 1944
- Sims v. GunterSupreme Court of Alabama · 1918
- Hill v. NelmsSupreme Court of Alabama · 1888
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