Morse v. Wheeler
Massachusetts Supreme Judicial Court
Contract to recover the balance due on a purchase of cattle made of the plaintiffs by the defendant, who was an infant at the time of the purchase. At the trial in the superior court, there was evidence tending to show that the defendant, after becoming of age, promised to pay the balance due to the plaintiffs; and Ames, J. instructed the jury that if they believed this evidence the plaintiffs were entitled to recover.
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Contract to recover the balance due on a purchase of cattle made of the plaintiffs by the defendant, who was an infant at the time of the purchase. At the trial in the superior court, there was evidence tending to show that the defendant, after becoming of age, promised to pay the balance due to the plaintiffs; and Ames, J. instructed the jury that if they believed this evidence the plaintiffs were entitled to recover. The defendant requested that this instruction might be qualified, by adding that the plaintiffs were entitled to recover,11 provided the defendant knew at the time of such…
1Opinion of the CourtMetcalf, J.
This case brings before the court, for the first time, the question whether it is necessary to the ratification of *571an infant’s promise, after he is of full age, that he should know, when he makes the new promise, that he is not legally liable on the other. It is said in numerous books that such knowledge is necessary to such ratification. But we are all of opinion that it is not necessary, either on principle or authority.
It is a long established legal principle, that he who makes a contract freely and fairly cannot be excused from performing it by reason of his ignorance of the law when he…
2Cases cited1 opinion
- Taft v. SergeantNew York Supreme Court · 1854
3Cited by1 opinion
- Rubin v. StrandbergIllinois Supreme Court · 1919