Kelly v. Halox

The exceptions saved by the defendant cannot be sustained.

It is the established law of this Commonwealth that a minor who disaffirms a contract need not put the other party thereto in statu quo before beginning an action for the recovery of what he has parted with. White v. New Bedford Cotton Waste Corp. 178 Mass. 20, 24, and cases cited.

If the contract is one of partnership, it is true that the minor’s interest in the funds of the partnership is said to be subject to the claims of firm creditors, Godfrey v. Mutual Finance Corp. 242 Mass. 197, 200, Moley v. Brine, 120 Mass. 324, Page v.…