Collins Ex Rel. Collins v. Norfleet-Baggs, Inc.
Supreme Court of North Carolina
1Opinion of the CourtStacy, C. J.
When an infant elects to disaffirm a contract, relative to the sale or purchase of personal property, other than one authorized by statute or for necessaries, what are the rights of the parties ?
1. An infant may avoid such a contract, either during his minority or upon arrival at full age. Pippen v. Insurance Co., 130 N. C., 23, 40 S. E., 822.
2. Upon such avoidance, the infant may recover the consideration paid by him, either in money or property, with the limitation that he must restore whatever part of that which came to him under the contract he still has, or account for so much of its…
2Cases cited8 opinions
- Greensboro Morris Plan Co. v. PalmerSupreme Court of North Carolina · 1923
- Millsaps v. . EstesSupreme Court of North Carolina · 1905
- Beickler ex rel. Beickler v. GuentherSupreme Court of Iowa · 1903
- Carpenter v. GrowMassachusetts Supreme Judicial Court · 1923
- Hight v. . HarrisSupreme Court of North Carolina · 1924
3 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Nationwide Mutual Insurance v. ChantosSupreme Court of North Carolina · 1977
- Doenges-Long Motors, Inc. v. GillenSupreme Court of Colorado · 1958
- Fisher Ex Rel. Fisher v. Taylor Motor Co.Supreme Court of North Carolina · 1959
- Gastonia Personnel Corporation v. RogersSupreme Court of North Carolina · 1970
- Barger v. M. & J. Finance Corp.Supreme Court of North Carolina · 1942
8 more not listed; retrieve them via the Exa API.