Legal Opinion

Whitcomb v. Joslyn

Supreme Court of Vermont

Decided August 15, 1878PublishedCited by 15 opinions

' Assumpsit. Plea, general issue, and trial by the court, April Term, 1878, Powers, J., presiding. It appeared that on April 21, 1877, the plaintiff, falsely representing himself to be of age, bought a wagon of the defendant for $50, of which he then paid $9, and for the remainder of which he gave his promissory note payable in installments secured by a memorandum of lien which was duly recorded.

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' Assumpsit. Plea, general issue, and trial by the court, April Term, 1878, Powers, J., presiding. It appeared that on April 21, 1877, the plaintiff, falsely representing himself to be of age, bought a wagon of the defendant for $50, of which he then paid $9, and for the remainder of which he gave his promissory note payable in installments secured by a memorandum of lien which was duly recorded. The plaintiff afterwards paid $10 on his note, but failed to pay more according to the tenor of his note, and accordingly the defendant took possession of the wagon by virtue of his lien, and sold it…

1Opinion of the Court

The opinion of the court was delivered by

Dunton, J.

I. It is not controverted that all contracts entered into by an infant, except for necessaries, can be disaffirmed by him, and, if executed, the money paid, or other property delivered thereon by him, recovered back, if he restore to the other party what he received therefor. In the case at bar, the defendant took possession of the wagon by virtue of a lien reserved thereon by him, so that, by his own act, the property sold by him to the plaintiff went back into his, the defendant’s, possession. This left nothing for the plaintiff to do to…

2Cases cited1 opinion

  1. Price v. FurmanSupreme Court of Vermont · 1855

3Cited by15 opinions

  1. Bullock v. SprowlsTexas Supreme Court · 1899
  2. Rice v. BoyerIndiana Supreme Court · 1886
  3. Sternlieb v. Normandie National Securities Corp.New York Court of Appeals · 1934
  4. Creer v. Active Auto Exchange, Inc.Supreme Court of Connecticut · 1923
  5. Wlock v. Fort Dummer MillsSupreme Court of Vermont · 1925

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