Legal Opinion

Drude v. Curtis

Massachusetts Supreme Judicial Court

Decided May 21, 1903PublishedCited by 10 opinions

Contract for $130 paid by the plaintiff when an infant on a contract for the purchase of a horse, harness and buggy, repudiated by him on coming of age, with a second count for money had and received, and a third count, added by amendment, in tort for the conversion of $130 paid by the plaintiff to the defendant. Writ dated July 31, 1900. The case was tried before Bishop, J., without a jury.

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Contract for $130 paid by the plaintiff when an infant on a contract for the purchase of a horse, harness and buggy, repudiated by him on coming of age, with a second count for money had and received, and a third count, added by amendment, in tort for the conversion of $130 paid by the plaintiff to the defendant. Writ dated July 31, 1900. The case was tried before Bishop, J., without a jury. It appeared, that the plaintiff and defendant, both being minors, entered into an agreement whereby the defendant delivered to the plaintiff a horse, harness and buggy, and the plaintiff agreed to pay…

1Opinion of the CourtHammond, J.

Both parties being infants at the time of the contract, either could avoid it without a return of the consideration. But neither could avoid it in part. He must avoid it wholly if at all. And if the infant when avoiding the contract has in his hands any of the specific fruits, the act of avoiding the contract by which he acquired such property will divest him of all right to retain it, and the other party may reclaim it. Chandler v. Simmons, 97 Mass. 508, 514.

The plaintiff, who was the buyer, sought first to exercise his right to avoid, and brought this, action to recover the money; and if…

2Cases cited2 opinions

  1. Chandler v. SimmonsMassachusetts Supreme Judicial Court · 1867
  2. Slayton v. BarryMassachusetts Supreme Judicial Court · 1900

3Cited by10 opinions

  1. Knudson v. General Motorcycle Sales Co.Massachusetts Supreme Judicial Court · 1918
  2. Carpenter v. GrowMassachusetts Supreme Judicial Court · 1923
  3. Godfrey v. Mutual Finance Corp.Massachusetts Supreme Judicial Court · 1922
  4. Hurwitz v. Barr Ex Rel. BarrDistrict of Columbia Court of Appeals · 1963
  5. Dodson v. RobertsCourt of Appeals of Texas · 1927

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