Wallin ex rel. Wallin v. Highland Park Co.
Supreme Court of Iowa
Appeal from Polk District Court. — Hon. A. IT. MoVey, Judge. The plaintiff, a minor, entered the pharmacy department of Highland Park College under a written contract that provided for a course of twelve weeks’ instruction therein, and for the payment of a stated sum for tuition, hoard, room rent, light, heat, etc., aggregating the sum of $83. He paid this sum in advance, quit the school soon thereafter, and brings this suit to recover the unearned portion of the sum so…
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Appeal from Polk District Court. — Hon. A. IT. MoVey, Judge. The plaintiff, a minor, entered the pharmacy department of Highland Park College under a written contract that provided for a course of twelve weeks’ instruction therein, and for the payment of a stated sum for tuition, hoard, room rent, light, heat, etc., aggregating the sum of $83. He paid this sum in advance, quit the school soon thereafter, and brings this suit to recover the unearned portion of the sum so paid. There was a trial to the court, and a judgment for the defendant, from which the plaintiff appeals.
1Opinion of the CourtSherwin, C. J.
There is no dispute as to the facts in this case, and it is conceded that a course in pharmacy may come within the definition of necessaries for which a minor may be bound by contract; hence the vital question for determination is whether a minor's contract for necessaries is voidable before such necessaries are actually supplied. him. In other words, may a minor disaf-firm an unexecuted contract which would have bound him absolutely had it been fully performed. Section 3189 of the Co'de, in effect, says that a minor is bound by his contract fox necessaries, and by all other contracts unless…
2Cases cited5 opinions
- Craig v. Van BebberSupreme Court of Missouri · 1890
- Trainer v. TrumbullMassachusetts Supreme Judicial Court · 1886
- Spicer v. EarlMichigan Supreme Court · 1879
- Gregory v. LeeSupreme Court of Connecticut · 1894
- Pool v. PrattSupreme Court of Vermont · 1814
3Cited by2 opinions
- Shearer v. Perry Community School DistrictSupreme Court of Iowa · 1975
- Shearer v. Perry Community School DistrictSupreme Court of Iowa · 1975