Downing v. Stone
Missouri Court of Appeals
Appeal from die Johnson Circuit Court. — Hon. Chas. W. Sloan, Judge. (1) A contract executed on both sides cannot be .'repudiated by an infant party thereto without returning the property or consideration received by the infant, if he has it to return, and has not wasted or squandered it. This is the settled rule in this state.
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Appeal from die Johnson Circuit Court. — Hon. Chas. W. Sloan, Judge. (1) A contract executed on both sides cannot be .'repudiated by an infant party thereto without returning the property or consideration received by the infant, if he has it to return, and has not wasted or squandered it. This is the settled rule in this state. Craig v. Yan-Bebber, 100 Mo. 584 ; Baker v. Kennett, 54 Mo. 82-88; JBigley v. Barron, 49 Mo. 103; Kerr v. Bell, 44 Mo. 120 ; Bcotts v. Leonhard, 40 Mo. App. 336 ; Beits v. Carroll, <3 Mo. App. 518. The infant plaintiff in this case, on his own evidence, could have made…
1Opinion of the CourtGill, J.
4--William E. Howning, an infant, by his next friend, prosecutes this action against defendant for the conversion of a mare. The petition is in the usual form.. Case was tried by the court. Plaintiff ’ s evidence showed that on August 5, 1889, Wm. E. Howning was about nineteen and one-half years of age j that he was on that day the owner of the mare in question of value of $100, and traded her to one Hartshorn,, and received in exchange therefor, by proper .conveyance, the assignment of a patent churn, vesting in Howning the exclusive right to the whole patent within certain territory…
2Cases cited6 opinions
- Craig v. Van BebberSupreme Court of Missouri · 1890
- Kerr v. BellSupreme Court of Missouri · 1869
- Baker v. KennettSupreme Court of Missouri · 1873
- State v. ClaySupreme Court of Missouri · 1890
- Highley v. BarronSupreme Court of Missouri · 1871
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Spencer v. CollinsCalifornia Supreme Court · 1909
- Casey v. KastelNew York Supreme Court · 1922
- Zuck v. Turner Harness & Carriage Co.Missouri Court of Appeals · 1904
- Hoffman v. Edson Co.Ohio Court of Appeals · 1929