Chandler v. Glover's Administrator
Supreme Court of Pennsylvania
Error to.the Common Pleas of Susquehanna county. This was an action of assumpsit by Henry Chandler against William Barrett, administrator of Joseph Glover, deceased, to recover the rent of a farm, demised to the defendant’s intestate, by a lease not under seal.
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Error to.the Common Pleas of Susquehanna county. This was an action of assumpsit by Henry Chandler against William Barrett, administrator of Joseph Glover, deceased, to recover the rent of a farm, demised to the defendant’s intestate, by a lease not under seal. The lease was dated the 1st April 1851, and, under it, Glover occupied the premises until the 1st April 1852. At this time, he was an infant, not having attained his majority until August 1852. The defendant pleaded the infancy of his intestate; and to meet this defence, the plaintiff called a witness, who testified that, on the 26th…
1Opinion of the Court
The opinion of the court was delivered by
Strong, J. —
Admitting that the contract of the infant was not void, but only voidable, and therefore capable of being ratified, the question presented is, whether the plaintiff produced sufficient evidence of ratification to authorize the court to submit the matter to the jury. A single witness testified, that after Glover, the infant, attained his majority, he said to the plaintiff, “ I will pay you all I owe you, rent and all.” The witness added, on cross-examination, “ perhaps he did put in, that he would pay as fast as he got able. Think this was…
2Cases cited3 opinions
- Goodsell v. MyersNew York Supreme Court · 1830
- Tompkins v. BrownCourt for the Trial of Impeachments and Correction of Errors · 1845
- Everson v. CarpenterNew York Supreme Court · 1837
3Cited by1 opinion
- Kelly v. EbySupreme Court of Pennsylvania · 1891