Jones v. Valentines' School of Telegraphy
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Rock county: B. E. DüNwikdie, Circuit Judge. Plaintiff, an infant, paid defendant $40 as compensation for tbe privilege of taking a course of study in telegraphy at its school. A receipt for such payment, called a scholarship, was delivered to plaintiff by defendant. Thereafter plaintiff concluded not to enjoy such privilege, and demanded a return of the money, which was refused.
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Appeal from a judgment of tbe circuit court for Rock county: B. E. DüNwikdie, Circuit Judge. Plaintiff, an infant, paid defendant $40 as compensation for tbe privilege of taking a course of study in telegraphy at its school. A receipt for such payment, called a scholarship, was delivered to plaintiff by defendant. Thereafter plaintiff concluded not to enjoy such privilege, and demanded a return of the money, which was refused. He did not receive from defendant any consideration for such money other than the receipt or scholarship, so called. At the time the demand aforesaid was made plaintiff…
1Opinion of the Court
MARSHALL, T.
It is elementary law that an infant is bound by implied contract to pay reasonably for necessaries furnished him. The limitations of the rule are plainly indicated by the statement of it. In order that the infant may be bound, all the circumstances must exist essential to raise a promise by implication of law. There must hare been furnished him property or some thing of value, being such as to administer to his necessities.' That, obviously, excludes the idea of an infant’s being liable upon an executory contract to furnish him necessaries, as has been uniformly held. Gregory v.…
2Cases cited2 opinions
- Potter v. TaggartWisconsin Supreme Court · 1882
- Gregory v. LeeSupreme Court of Connecticut · 1894
3Cited by8 opinions
- Kreutzer v. LynchWisconsin Supreme Court · 1904
- Covault v. NevittWisconsin Supreme Court · 1914
- Ross P. Curtice Co. v. KentNebraska Supreme Court · 1911
- Berg v. United States Leather Co.Wisconsin Supreme Court · 1905
- Star v. WatkinsNebraska Supreme Court · 1907
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