Gannon v. Manning
District of Columbia Court of Appeals
Hearing on an appeal by tbe plaintiffs from a judgment of the Supreme Court of the District of Columbia, on verdict, in an action to recover the amount paid for a moving picture business.
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Hearing on an appeal by tbe plaintiffs from a judgment of the Supreme Court of the District of Columbia, on verdict, in an action to recover the amount paid for a moving picture business. The Court in the opinion stated the facts as follows: This is a suit by appellants, Gilbert Gannon and Andrew J. 'Gannon, plaintiffs below, to recover the amount paid defendants, George H. Manning and R. B. Stevens, for the business and good will of the Senate Moving Picture Theater, in this city. The declaration is based on, first, breach of contract; and, second, rescission, in that, when the contract was…
1Opinion of the CourtJustice Van Orsdel
It was error to compel plaintiffs to elect. There is no inconsistency between a count for breach of contract and one claiming rescission on the ground of infancy. The execution of the contract was admitted. The contract was not void, but voidable. Plaintiffs could therefore assail it upon either or both of the counts of the declaration.
It was also error for the court to instruct the jury that “an *209infant cannot, on the ground of infancy alone, rescind a contract fully executed by both parties to it.” It is well settled that the privilege afforded infants to avoid or rescind contracts extends…
2Cases cited8 opinions
- TUCKER v. MorelandSupreme Court of the United States · 1836
- Green v. . GreenNew York Court of Appeals · 1877
- MacGreal v. TaylorSupreme Court of the United States · 1897
- Price v. FurmanSupreme Court of Vermont · 1855
- McCarthy v. HendersonMassachusetts Supreme Judicial Court · 1885
3 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Hurwitz v. Barr Ex Rel. BarrDistrict of Columbia Court of Appeals · 1963
- Dawson v. FoxDistrict of Columbia Court of Appeals · 1949
- Arias v. Universal Music GroupDistrict Court, District of Columbia · 2022