Commander v. Brazil
Mississippi Supreme Court
From the chancery court of Monroe county. Hon. Baxter McFarland, Special Chancellor. Brazil, the appellee, was complainant in the court below; Commander, the appellant, was defendant there. From a decree in complsiinRnt^fayornhe. defendant appealed to the supreme court.
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From the chancery court of Monroe county. Hon. Baxter McFarland, Special Chancellor. Brazil, the appellee, was complainant in the court below; Commander, the appellant, was defendant there. From a decree in complsiinRnt^fayornhe. defendant appealed to the supreme court. Appellant, Commander, and his stepfather, McDaniel, entered into business as liverymen, and purchased from the wife of appellee, Brazil, certain horses, carriages, etc., giving notes for the purchase money, which notes were -secured by a trust deed on the personal property transferred, and as additional security embraced in…
1Opinion of the CourtMayes, J.
We think this case was correctly decided on the facts, and would affirm it without any opinion were it not that there is involved the question as to whether or not a minor may make false representations as to his age, thereby inducing a contract with another person and accepting the benefits to be obtained under the contract, and afterwards escape liability by proving that he was not of age at the time of making the contract. The case of Ostrander v. Quin, 84 Miss., 230 (36 South. Rep., 257), comes very near deciding this question; but, inasmuch as there is some *671question as to -whether the…
2Cases cited5 opinions
- Rice v. BoyerIndiana Supreme Court · 1886
- Brantley v. WolfMississippi Supreme Court · 1882
- Ferguson v. BoboMississippi Supreme Court · 1876
- Levy v. GrayMississippi Supreme Court · 1879
- Ostrander v. QuinMississippi Supreme Court · 1904
3Cited by9 opinions
- Hood v. DurenCourt of Appeals of Georgia · 1924
- Lake v. PerryMississippi Supreme Court · 1909
- Grauman, Marx & Cline Co. v. KrienitzWisconsin Supreme Court · 1910
- Wisconsin Loan & Finance Corp. v. GoodnoughWisconsin Supreme Court · 1930
- Stallard v. SutherlandSupreme Court of Virginia · 1921
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