Olshen v. Kaufman

The majority opinion treats ORS 126.335 as a legislative declaration that a spendthrift’s contracts are voidable per se irrespective of the inequity which may result to the person with whom the spendthrift deals. It is not necessary to so construe the statute. It is more reasonable to assume that the legislature intended the word “voidable” to have a meaning similar to that attributed to it in other areas of the law involving a person’s competency to contract. In those areas it is generally held that even though a contract with an incompetent person, such as an infant, is voidable, the…