Robinson v. Hoskins
Court of Appeals of Kentucky
Case 41 — PETITION. ORDINARY APPEAL PROM TAYLOR CIRCUIT COURT. 1. When an infant avoids a contract for personalty he must restore the consideration. (Bailey v. Bamberger, 11 B. Mon. 115; see also 1 J. J. Mar. 246 ; 1 Dana, 45; 7 Bush, 410; 6 Bush, 473; Newman’s PI. and Pr., p. 371.
1Opinion of the Court
JUDGE ELLIOTT
delivered the opinion of the court.
Appellee purchased a horse of appellant in 1875, and when he was under twenty - one years of age. He arrived at age and sold his horse for $60, for which he took the note of the purchaser. In this suit for the price of the horse appellee relied on two defenses, fraud in selling an unsound for a sound horse, and infancy at the time of the purchase.
If the defense of fraud had been established, the appellee would have been entitled to have the damage which resulted therefrom deducted from the price of the horse.
If the plea of infancy were…
2Cited by4 opinions
- Missouri Pacific Railroad v. BrazzilTexas Supreme Court · 1888
- Hobbs v. Hinton Foundry, Machine & Plumbing Co.West Virginia Supreme Court · 1914
- Chicago, St. P. & K. C. Ry. Co. v. PierceCourt of Appeals for the Seventh Circuit · 1894
- Curry v. St. John Plow Co.Appellate Court of Illinois · 1894