Skinner v. Young
Missouri Court of Appeals
Appeal from Lima Circuit Court. — Ho». John P. Butler, Judge. (1) One who abandons or repudiates his contract can not recover on the contract. This rule is so universal and elementary that no authorities need be cited in support thereof. When, however, an infant abandons or repudiates his contract, he may-recover, not upon the contract but upon quantum meruit. Thompson v. Marshall, 50 Mo. App. 145; Com. Co. v. Smith, -86 Mo.
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Appeal from Lima Circuit Court. — Ho». John P. Butler, Judge. (1) One who abandons or repudiates his contract can not recover on the contract. This rule is so universal and elementary that no authorities need be cited in support thereof. When, however, an infant abandons or repudiates his contract, he may-recover, not upon the contract but upon quantum meruit. Thompson v. Marshall, 50 Mo. App. 145; Com. Co. v. Smith, -86 Mo. App. 490; Lowe v. SinMear, 27 Mo.. 308; 16 Am. and Eng. Ency. of Law (2 Ed.), 290. (2) This is a suit in conversion for the value of that part of the corn which plaintiff…
1Opinion of the CourtSmith, P. J.
The plaintiff, a minor about eighteen years of age, entered into a contract with the defendant whereby the former agreed to break, plant and cultivate thirty-five acres of land, the property of the latter, in corn and for which such former was to have one-fourth of the corn so produced. The plaintiff broke up the land and planted and partly cultivated it. During the season when the corn was much in weeds and requiring cultivation, the plaintiff became discouraged and signified an intention and purpose to abandon the further cultivation of it. He offered to sell out his interest in it to…
2Cases cited5 opinions
- Yeats v. BallentineSupreme Court of Missouri · 1874
- Eyerman v. Mount Sinai Cemetery Ass'nSupreme Court of Missouri · 1876
- Lowe v. SinklearSupreme Court of Missouri · 1858
- Tower-Doyle Commission Co. v. SmithMissouri Court of Appeals · 1900
- Thompson v. MarshallMissouri Court of Appeals · 1892