M'Coy v. Huffman
Court for the Trial of Impeachments and Correction of Errors
Motion by the plaintiff to set aside the report of referees. The action was for work and labor, and money had and received; commenced by capias returnable in August term, 1826. The plaintiff had agreed to purchase of the defendant a small lot of land; but the former being an infant, he and his father entered into sealed articles of agreement with the defendant, dated January 21st, 1826, by which the defendant, in consideration of $350 to be paid in the manner stipulated by…
Read the full summary
Motion by the plaintiff to set aside the report of referees. The action was for work and labor, and money had and received; commenced by capias returnable in August term, 1826. The plaintiff had agreed to purchase of the defendant a small lot of land; but the former being an infant, he and his father entered into sealed articles of agreement with the defendant, dated January 21st, 1826, by which the defendant, in consideration of $350 to be paid in the manner stipulated by the articles, covenanted with the plaintiff and his father, to convey the land in fee to the plaintiff, on or before the…
1Opinion of the Court
Curia, per Savage, Ch. J.
I cannot understand how the prosecuting of an action upon the contract without sufficient cause, can justify its rescission.
The infant was of full age in August, 1826 ; and then brought this action, which is in disaffirmance of the written contract, and he claims a return of- tfxe money paid by him, and' a compensation for his labor. The plaintiff might disaffirm his contract j for all deeds made by infants are Voidable. Any infant may have money or other property .independent of his father. Here the money was .paid by the infant himself; and no presumption follows…
2Cited by17 opinions
- Porter v. PowellSupreme Court of Iowa · 1890
- Roof v. StaffordNew York Supreme Court · 1827
- Forsyth v. HastingsSupreme Court of Vermont · 1855
- Judkins v. WalkerSupreme Judicial Court of Maine · 1840
- Waugh v. BurketSupreme Court of Pennsylvania · 1861
12 more not listed; retrieve them via the Exa API.