Geiger v. Worth
Court of Appeals of Georgia
Certiorari; from Chatham superior court — Judge Charlton. December 30, 1914. Miss R. I. Worth sued Sidney Geiger in a justice’s court for $40.15, alleged to be a balance due for a “course in shorthand,” and for stationery and books.
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Certiorari; from Chatham superior court — Judge Charlton. December 30, 1914. Miss R. I. Worth sued Sidney Geiger in a justice’s court for $40.15, alleged to be a balance due for a “course in shorthand,” and for stationery and books. The defendant pleaded, (1) that he made no contract or arrangement with the plaintiff for a course in shorthand, and that whatever agreement or arrangement was made was by his mother; (2) that he was a minor and therefore was incapacitated from making any contract; (3) that the contract was that on payment of $15, which he paid in advance, the plaintiff would…
1Opinion of the CourtWade, J.
1. What are “necessaries” for an infant under 21 years of age is a question for determination by the jury, according to the circumstances and condition in life of the infant. McLean v. Jackson, 12 Ga. App. 51 (76 S. E. 792).
2. There was some evidence to authorize the inference that the minor was *362liable, from a quasi-contractual relation arising by operation of law, for the necessaries which formed the basis of this suit, and that the parent was not only unable to furnish such necessaries, but actually failed to supply them. This was not such an executory contract as the contract in Mauldin v.…
2Cases cited7 opinions
- Mauldin v. Southern Shorthand & Business UniversitySupreme Court of Georgia · 1906
- Oliver v. McDuffieSupreme Court of Georgia · 1859
- Carolina Locust Pin & Mica Co. v. Chattanooga Machinery Co.Court of Appeals of Georgia · 1908
- McLean v. JacksonCourt of Appeals of Georgia · 1912
- Keaton v. DavisSupreme Court of Georgia · 1855
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3Cited by2 opinions
- Madden v. KeithCourt of Appeals of Georgia · 1978
- Hume v. SmithCourt of Appeals of Georgia · 1960