Kay v. Haupt
Superior Court of Pennsylvania
Appeal, No. 172, Oct. T., 1915, by plaintiff, from order of O. P. Schuylkill Co., Jan. T., 1914, No. 244, refusing to strike off nonsuit in case of Robert G. Kay v. D. F. Haupt. Replevin to recover a quantity of lumber. Before Bechtel, J. See Spangler Co. v. Haupt, 53 Pa. Superior Ct. 545. At the trial it appeared that the defendant had bought and received possession of the goods during his minority, and that on coming of age he had by writing disaffirmed the contract.
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Appeal, No. 172, Oct. T., 1915, by plaintiff, from order of O. P. Schuylkill Co., Jan. T., 1914, No. 244, refusing to strike off nonsuit in case of Robert G. Kay v. D. F. Haupt. Replevin to recover a quantity of lumber. Before Bechtel, J. See Spangler Co. v. Haupt, 53 Pa. Superior Ct. 545. At the trial it appeared that the defendant had bought and received possession of the goods during his minority, and that on coming of age he had by writing disaffirmed the contract. He had sold the lumber in the course of business long before the writ of replevin issued. Other facts appear by the opinion…
1Opinion of the Court
Opinion by
Trexler, J.,
The defendant, while a minor without disclosing his minority, purchased a carload of lumber from the plaintiff. He attained his majority not ,'long after, and in writing disaffirmed the contract to pay on the ground of infancy. At that time some of the goods was still in his possession, but no proof as to the quantity was offered. The defendant became of age on December 23, 1908, and on December 17,1913, long after the goods were disposed of, the present action of replevin was started. The almost identical facts are present in the case of F. Spangler Co. v. Haupt (the…
2Cases cited2 opinions
- Neff v. LandisSupreme Court of Pennsylvania · 1885
- Frank Spangler Co. v. HauptSuperior Court of Pennsylvania · 1913
3Cited by6 opinions
- Camera & Radio Shop v. ZalewskeSuperior Court of Pennsylvania · 1931
- Gindin v. SilverSupreme Court of Pennsylvania · 1968
- Musser v. SchockSuperior Court of Pennsylvania · 1928
- Yubas v. WitaskisSuperior Court of Pennsylvania · 1928
- Bradley v. Cool, Pennsylvania Court of Common Pleas, Philadelphia County1932
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