Stanhope v. Shambow
Montana Supreme Court
Appeal from District Court, Silver Bow County; John B. McClernan, Judge. Action by L. H. Stanhope against W. A. Shambow and others. Judgment for defendants, and plaintiff appeals.
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Appeal from District Court, Silver Bow County; John B. McClernan, Judge. Action by L. H. Stanhope against W. A. Shambow and others. Judgment for defendants, and plaintiff appeals. Though the defendant N. A. Shambow, under his plea of infancy, might be held to be exempt from payment of the note, still it appears to us to be the settled law of contracts that even though one of the makers of a contract, such as the one in question, may be an infant and be entitled on that account to exemption from performance, his adult comakers are not so exempt. (1 Elliott on Contracts, sec. 288; 1 Bandolph on…
1Opinion of the CourtJustice Holloway
In September, 1913, plaintiff sold and delivered to W. A. Sham-bow a second-hand automobile, receiving as evidence of the purchase price a promissory note signed by the purchaser and th<5 other defendants. After certain payments were made on the note, and in April, 1914, the purchaser returned the car to Butte and notified the seller that he refused to 'complete the transaction and that he disaffirmed the contract on the ground of his minority at the time the sale was made. This action was commenced to enforce payment of the balance due on the note. Breach of warranty and infancy were the…
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