Armitage v. Widoe
Michigan Supreme Court
Error to Superior Court of Grand Rapids. If the written contract in question is one voidable by the infant party before his coming of age ( Tyler on Infancy, 67-9; Gaffney v. Say den, 110 Mass., 137; 33 Conn., 201), which was the view the court below took of it, then the plaintiff was entitled to recover by showing his non-age and payment to and receipt by defendant of the four hundred dollars on the contract.
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Error to Superior Court of Grand Rapids. If the written contract in question is one voidable by the infant party before his coming of age ( Tyler on Infancy, 67-9; Gaffney v. Say den, 110 Mass., 137; 33 Conn., 201), which was the view the court below took of it, then the plaintiff was entitled to recover by showing his non-age and payment to and receipt by defendant of the four hundred dollars on the contract. But the court submitted to the jury the incompetent evidence tending to show the incidental benefit plaintiffs father expected to derive in a contingency from his son’s ownership of the…
1Opinion of the Court
Cooley, Ch. J:
This action is brought to recover back four hundred dollars paid in the plaintiff’s name on a contract for the purchase of lands. The contract was entered into April 24, 1875, and purports to be between Jesse C. Widoe as vendor and Henry Armitage as vendee. The purchase price was thirteen thousand dollars, of which three thousand dollars was payable on or before May 10, 1875, and the balance in ten annual installments of one thousand dollars each, with annual interest. Henry Armitage was about seventeen years of age at the date of .the contract, and his name was signed to it by…
2Cases cited5 opinions
- Fonda v. Van HorneNew York Supreme Court · 1836
- Whitney v. DutchMassachusetts Supreme Judicial Court · 1817
- Cole v. PennoyerIllinois Supreme Court · 1852
- Dunton v. BrownMichigan Supreme Court · 1875
- Trueblood v. TruebloodIndiana Supreme Court · 1856
3Cited by15 opinions
- Williams v. SapiehaTexas Supreme Court · 1901
- Woodman v. Kera LLCMichigan Supreme Court · 2010
- Higman v. StewartMichigan Supreme Court · 1878
- Covault v. NevittWisconsin Supreme Court · 1914
- Turner v. BondalierMissouri Court of Appeals · 1888
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