Legal Opinion

McCarty-greene Motor Co. v. McCluney

Supreme Court of Alabama

Decided March 21, 1929No. 7 Div. 848PublishedCited by 9 opinions

1Opinion of the CourtAnderson, C. J.

The contract of purchase having been made by the appellee when a minor, he had the right to rescind same when becoming of lawful age, which was clone in this case both by notice and filing the present bill. It is well settled that when a minor, after becoming of age, in order to rescind a contract made during his minority, and recover what he parted with under the contract, must restore or offer to restore what he may then have on hand of whatever he may have received under said contract. Bell v. Burkhalter, 176 Ala. 62, 57 So. 460. It was therefore incumbent upon the complainant to restore…

2Cases cited4 opinions

  1. Hayes v. WoodhamSupreme Court of Alabama · 1906
  2. Bell v. BurkhalterSupreme Court of Alabama · 1912
  3. Jesse French Piano & Organ Co. v. BradleySupreme Court of Alabama · 1902
  4. Jennings v. HareSupreme Court of South Carolina · 1896

3Cited by9 opinions

  1. Sternlieb v. Normandie National Securities Corp.New York Court of Appeals · 1934
  2. I.B. ex rel. Fife v. Facebook, Inc.District Court, N.D. California · 2012
  3. Hines v. CheshireWashington Supreme Court · 1950
  4. Williams v. UptagrafftSupreme Court of Alabama · 1936
  5. Drennen Motor Car Co. v. SmithSupreme Court of Alabama · 1935

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