Potter v. Davidson

Petition for rehearing denied. May 9, 1933

On Petition eor Rehearing

(21 P. (2d) 785)

KELLY, J.

Plaintiff accompanies his motion for rehearing with a brief indicating the following points: (1) That the defense of infancy is personal to the minor; (2) that plaintiff performed the work in question at the instance of Paul M. Shearer, as owner; (3) that by reason of plaintiff’s disaffirmance the contract under which plaintiff did said work became void ab initio, and, therefore, the rights of the parties are to be determined as if said contract had never been made; and (4) that the foreclosure of a…