Gervis v. Knapp

The action is for damages for breach of contract. The parties to that contract are plaintiff, a theatrical manager, and defendants, respectively an infant singer and her mother, who guaranteed the contract. The infant has dis-affirmed the contract and summary judgment has been granted herein in her favor. The mother now, likewise, moves for summary judgment, asserting that disaffirmance by the infant principal, in the circumstances at bar, relieves her of any liability as guarantor as a matter of law.

Generally, and contrary to the usual rule in principal and surety, a guarantor for a minor…