Pulcher v. Qualtiere

The question presented upon this appeal is whether or not the repair of an automobile owned by an infant defendant is a necessity, for which the infant defendant is liable, under contract. The. courts of this State do not seem to have passed upon' the subject. It has been held that the burden of proving that the subject of the contract is a necessity is upon the plaintiff and not upon the defendant (Kline v. L'Amoureuk, *7282 Paige Ch. 419), and an infant living with Ms father who is able and willing to furnish him with everything suitable and necessary for his position in life, cannot make a…