Milligan v. S. W. Straus & Co.

Plaintiff, an infant, by bis next friend sued defendant in assumpsit to recover money paid for certain bonds purchased by plaintiff from defendant. Prom a judgment for defendant, plaintiff appeals. Plaintiff’s declaration alleges his infancy, the purchase of and payment for the bonds, the disaffirmance of the contract to purchase by plaintiff, and the refusal of defendant to pay back the money received. The facts are not in dispute. Plaintiff was a minor when he bought the bonds, when he attempted to disaffirm the contract, when he brought suit, and when the case was tried. There are many…