Yancey v. Boyce
North Dakota Supreme Court
Appeal from an order and judgment of the District Court of Cass County, O. A. Polloclc, J. Statement. This is an action by George H. Yancey, a minor, by his guardian »ad litem against Herman Boyce.
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Appeal from an order and judgment of the District Court of Cass County, O. A. Polloclc, J. Statement. This is an action by George H. Yancey, a minor, by his guardian »ad litem against Herman Boyce. The complaint alleges the minority of the plaintiff, and that about the 1st day of April, 1912, they entered into a contract, under the terms of which plaintiff was to work for ■defendant as a farm hand in Cass county, and was to receive therefor the sum of $30 per month if he stayed through the entire season, and $26 per month if he quit before the 1st of November, 1912; that pursuant to such…
1Opinion of the Court
Spalding, Ch. J.
The question for determination seems to be, may an infant sue on an express contract, which he has disaffirmed after partial performance, and, if so, may the defendant recoup or offset-damages for its breach by the infant ? The statutory provisions pertinent to the question are found in § 4014, Eev. Codes 1905, providing that a minor may make any contract other than as above specified in the same manner as an adult, subject only to his power of disaffirmance under the provisions of this chapter, and subject to the provisions of the chapters on marriage and on master and…
2Cases cited7 opinions
- Bigelow v. KinneySupreme Court of Vermont · 1830
- Willis v. HolmesOregon Supreme Court · 1895
- Walling v. BownIdaho Supreme Court · 1903
- Biederman v. O'ConnerIllinois Supreme Court · 1886
- Lowe v. JensenNorth Dakota Supreme Court · 1911
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Comptograph Co. v. Citizens BankNorth Dakota Supreme Court · 1915
- Bensinger v. WestCourt of Appeals of Kentucky · 1953
- J. I. Case Threshing Machine Co. v. LoomisNorth Dakota Supreme Court · 1915
- West End Furniture Co. v. NormanNorth Dakota Supreme Court · 1919