Legal Opinion

Vichnes v. Transcontinental & Western Air, Inc.

Appellate Terms of the Supreme Court of New York

Decided March 8, 1940PublishedCited by 5 opinions

1Per curiam

Since the facts are not in dispute the question presented is one of law. Plaintiff, a fifteen-year-old infant, paid defendant $160 for one meal and transportation from New York to Los Angeles. On returning to New York she repudiated the transaction, demanded return of the amount paid, and brought this action in which she has been granted summary judgment.

No controlling authority sustaining such a determination has been brought to our attention, and we are unable to agree with the decision below.

The contracts of infants are voidable, not void, and there is no basis for rescission here in view…

2Cited by5 opinions

  1. I.C. v. Delta Galil USADistrict Court, S.D. New York · 2015
  2. CBS, Inc.(CBS Records Division) v. TuckerDistrict Court, S.D. New York · 1976
  3. Scott Eden Management v. KavovitNew York Supreme Court · 1990
  4. Eastern Airlines, Inc. v. StuhlCivil Court of the City of New York · 1970
  5. Cidis v. WhiteNassau County District Court · 1972

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