Pyne v. Wood
Massachusetts Supreme Judicial Court
Contract, to recover the sum of $64, paid by the plaintiff, a minor. Trial in the Superior Court, without a jury, before Hammond, J., who allowed a bill of exceptions, in substance as follows: On June 1, 1886, the plaintiff, who was then nearly seventeen years old, bought a bicycle of the defendant, and paid $30 in cash on account of the same. He also signed a paper writing by which he agreed to pay further sums of money from time to time.
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Contract, to recover the sum of $64, paid by the plaintiff, a minor. Trial in the Superior Court, without a jury, before Hammond, J., who allowed a bill of exceptions, in substance as follows: On June 1, 1886, the plaintiff, who was then nearly seventeen years old, bought a bicycle of the defendant, and paid $30 in cash on account of the same. He also signed a paper writing by which he agreed to pay further sums of money from time to time. By the terms of the writing, the bicycle was to remain the property of the defendant until paid for, and he was to have the right to take possession of it,…
1Opinion of the CourtW. Allen, J.
There is nothing in this case to distinguish it from McCarthy v. Henderson, 138 Mass. 310, and it must be governed by that decision.
The facts that the plaintiff was present when his father demanded the money of the defendant, and himself carried the bicycle to the defendant’s shop when it was returned to him, and that the plaintiff consented to the bringing of the action, certainly warrant the findings that the contract was avoided by the plaintiff, and that the action was properly brought. The statement of the plaintiff on the witness stand that he was then willing to stand by the contract,…
2Cases cited2 opinions
- McCarthy v. HendersonMassachusetts Supreme Judicial Court · 1885
- Leonard v. StottMassachusetts Supreme Judicial Court · 1871
3Cited by12 opinions
- Rice v. . ButlerNew York Court of Appeals · 1899
- Knudson v. General Motorcycle Sales Co.Massachusetts Supreme Judicial Court · 1918
- Gillis v. GoodwinMassachusetts Supreme Judicial Court · 1901
- Thrash v. StarbuckIndiana Supreme Court · 1896
- Chudleigh v. Chicago, R. I. & P. Ry. Co.Appellate Court of Illinois · 1893
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