Whitmarsh v. Hall
New York Supreme Court
Error to the Onondaga common pleas. Hall, an infant, by his next friend, sued L. &. J. Whitmarsh for work and labor. It was proved that the plaintiff had worked for the defendants half a month under a contract to labor for them for a certain longer period of time, and had left without cause.
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Error to the Onondaga common pleas. Hall, an infant, by his next friend, sued L. &. J. Whitmarsh for work and labor. It was proved that the plaintiff had worked for the defendants half a month under a contract to labor for them for a certain longer period of time, and had left without cause. After the plaintiff had proved the value of the labor, the defendants proposed to ask a witness what the plaintiff’s services were worth, talcing into consideration the damages they had sustained in consequence of his not fulfilling his agreement. The justice refused to receive this evidence, on the…
1Opinion of the Court
By the Court, Jewett, J.
The evidence offered by the defendants, to show the value of the plaintiff’s services, taking into consideration such damages as they had sustained in consequence of his putting an end to the contract by voluntarily refusing to fulfil it on his part, was properly rejected by the justice. This contract was voidable by the plaintiff by reason of his infancy, according to the general rule of law, that the contracts of infants, with certain exceptions which do not embrace this case, may be avoided by them either before or after they arrive at full age. (2 Kent’s Com. 237,…
2Cited by13 opinions
- Taylor v. . Mayor, Etc., City of New YorkNew York Court of Appeals · 1880
- Hall v. ButterfieldSupreme Court of New Hampshire · 1879
- Robinson v. WeeksSupreme Judicial Court of Maine · 1868
- Dallas v. HollingsworthIndiana Supreme Court · 1852
- Aborn v. JanisNew York Supreme Court · 1907
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