Davies v. Turton
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Milwaukee County. The complaint stated that on, &c., it was agreed between tbe plaintiff, who was an infant, and tbe defendants, that tbe former should serve tbe latter three years as an apprentice in tbe trade of a machinist, at a stipulated price per year; that tbe plaintiff bad performed tbe agreement on his part, and that tbe defendants bad refused to pay him tbe price stipulated.
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APPEAL from tbe Circuit Court for Milwaukee County. The complaint stated that on, &c., it was agreed between tbe plaintiff, who was an infant, and tbe defendants, that tbe former should serve tbe latter three years as an apprentice in tbe trade of a machinist, at a stipulated price per year; that tbe plaintiff bad performed tbe agreement on his part, and that tbe defendants bad refused to pay him tbe price stipulated. Tbe defendants demurred to tbe complaint as not stating facts sufficient to constitute a cause of action, in this, that it did not state that tbe agreement of tbe plaintiff to…
1Opinion of the Court
By the Court,
Dixow, C. J.
Tbe privilege conferred by tbe common law upon infants is personal in its nature, and no one can take advantage of it but tbe infants themselves their personal representatives, executors, administrators and privies in blood. Hence, though their deeds or contracts are voidable as to themselves, they are binding upon persons of full age. Tbe lenity of tbe law toward them is intended for their exclusive benefit in protecting them from tbe frauds and deceptions which, owing to their weakness and inexperience, others of riper years might be enabled to practice upon them;…
2Cited by3 opinions
- Shearer v. WeaverSupreme Court of Iowa · 1881
- Seaton v. TohillColorado Court of Appeals · 1898
- Seaton v. TohillColorado Court of Appeals · 1898