McCormick v. . Crotts

Stacy, C. J.,

after stating the case: As the defendant was at liberty to avoid the contract in question at any time during his minority, or upon arrival at full age (Collins v. Norfleet-Baggs, 197 N. C., 659), we fail to see how he can be estopped from asserting this right by his own acts in filing answer and replevying the property in question prior to the appointment of a guardian ad litem. Hicks v. Beam, 112 N. C., 642, 17 S. E., 490; Tate v. Mott, 96 N. C., 19, 2 S. E., 176. Even if the matter had gone to judgment, without the appointment of a guardian ad litem and during the minority of…