Shropshire v. Burns
Supreme Court of Alabama
Appeal from Circuit Court of Dallas. Tried before Hon. B. L. Wheelan. The facts are sufficiently stated in the opinion. — The contracts of infants, not made for necessaries, are generally voidable, not void, and may be ratified by the infant after he is of age. 1 Pars, on Cont. 243; Chitt. on Cont. 145-6, and notes. A promise to pay the debt, made to the creditor, is generally a ratification; and there are acts from which such promise will be inferred.
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Appeal from Circuit Court of Dallas. Tried before Hon. B. L. Wheelan. The facts are sufficiently stated in the opinion. — The contracts of infants, not made for necessaries, are generally voidable, not void, and may be ratified by the infant after he is of age. 1 Pars, on Cont. 243; Chitt. on Cont. 145-6, and notes. A promise to pay the debt, made to the creditor, is generally a ratification; and there are acts from which such promise will be inferred. If an infant have the property purchased, after attaining his majority, and sell it, he thereby ratifies the contract of purchase, and the law…
1Opinion of the CourtPeters, J.
This is an action at law founded on a promissory note, with security,- made by an infant for the purchase-money of a horse. The infant died in possession of the horse before attaining his majority, and the administrator of his estate, who is the appellee in this court, took possession of the horse after his intestate’s death, as a part of his estate, and sold him as such, and converted the proceeds of the sale to the use of the estate which he represented.' The proof also shows that the infant and the vendor of the horse were both warned by the infant’s guardian, who is another person than…
2Cases cited6 opinions
- Weaver v. JonesSupreme Court of Alabama · 1854
- Jefford's Adm'r v. Ringgold & Co.Supreme Court of Alabama · 1844
- Clark & Co. v. GoddardSupreme Court of Alabama · 1863
- Manning v. JohnsonSupreme Court of Alabama · 1855
- Slaughter v. CunninghamSupreme Court of Alabama · 1854
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- American Freehold Land Mortgage Co. v. DykesSupreme Court of Alabama · 1895
- Scarbrough v. Borders & Co.Supreme Court of Alabama · 1896
- Bell v. BurkhalterSupreme Court of Alabama · 1912
- Hines v. SeibelsSupreme Court of Alabama · 1920
- Ragan v. WilliamsSupreme Court of Alabama · 1930
4 more not listed; retrieve them via the Exa API.