Manning v. Gannon
Court of Appeals for the D.C. Circuit
Hearing on an appeal by tbe defendants from a judgment of tbe Supreme Court of tbe District of Columbia upon a verdict for tbe plaintiffs directed by tbe court, in an action to recover money paid by tbe plaintiffs during infancy.
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Hearing on an appeal by tbe defendants from a judgment of tbe Supreme Court of tbe District of Columbia upon a verdict for tbe plaintiffs directed by tbe court, in an action to recover money paid by tbe plaintiffs during infancy. Tbe Court in tbe opinion stated tbe facts as follows: Appeal from a judgment in tbe supreme court of tbe District upon a directed verdict for tbe plaintiffs, Gilbert Gannon and Andrew J. Gannon, appellees bere, in a suit to recover $300 paid by tbe plaintiffs during infancy to the defendants, George H. Manning and K. B. Stevens, appellants here, for a moving-picture…
1Opinion of the CourtJustice Robb
• Upon the prior appeal it was ruled, in a carefully prepared opinion by Mr. Justice Van Orsdel, that under the evidence plaintiffs exercised their right to disaffirm the contract within a reasonable time after they became of age. But it is now urged that under the evidence adduced at the second trial, it was the duty of the court to submit to the jury the question whether the plaintiffs, by their conduct, affirmed the contract. To this we cannot assent. The alleged attempted sale by the plaintiffs occurred at about the time they became of age, that is, between August 24th and August 29th. On…
2Cases cited7 opinions
- Irvine v. IrvineSupreme Court of the United States · 1870
- Fetrow v. WisemanIndiana Supreme Court · 1872
- Baker v. KennettSupreme Court of Missouri · 1873
- Hatch v. Hatch's EstateSupreme Court of Vermont · 1887
- Trader ex rel. Crisfield v. LoweCourt of Appeals of Maryland · 1876
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3Cited by1 opinion
- Harrod v. Kelly Adjustment Co.District of Columbia Court of Appeals · 1962