Dillon v. Burnham, Hanna, Munger & Co.
Supreme Court of Kansas
Error from, Clarh District Court. Burnham, Hanna, Munger & Company brought an action against Henry J. Dillon to recover the sum of $414.74 for merchandise purchased from them by Dillon.
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Error from, Clarh District Court. Burnham, Hanna, Munger & Company brought an action against Henry J. Dillon to recover the sum of $414.74 for merchandise purchased from them by Dillon. The defendant answered by a duly-appointed guardian ad litem, denying each and every allegation made by the plaintiffs; and for further answer alleged that Henry J. Dillon is a minor; that the goods and merchandise for which the action was brought were not necessaries suitable to the defendant’s condition, but were furnished for trade and commerce; that defendant had never been vested with the legal capacity…
1Opinion of the Court
*80The opinion of the court was delivered by
Johnston, J.:
There are two questions presented for our consideration: First, was Dillon bound by the contract which he made ? And second, could a judgment based thereon be enforced against his property ? In the absence of the evidence, we must assume that there was sufficient testimony to sustain the special findings and general verdict of the jury. From the findings, it appears that Dillon was only twenty years of age when the goods were purchased and the contract in question was made by him, and that he was still a minor when the trial occurred.…
2Cases cited1 opinion
- Burgett v. BarrickSupreme Court of Kansas · 1881
3Cited by1 opinion
- McClure v. IrwinSupreme Court of Kansas · 1933