Legal Opinion

Beickler ex rel. Beickler v. Guenther

Supreme Court of Iowa

Decided October 20, 1903PublishedCited by 10 opinions

Appeal from Blade Hawk District Court. — HoN. A. S. BlaiR, Judge. The plaintiff, who was born in December, jSSO, purchased four lots of defendant May I, 1899, for which he agreed to pay $650 — $42 in cash and $7 per month thereafter — deferred payments to bear «interest at the rate of sis per cent, per annum. Six payments were made, and he then notified defendant that he would pay no more. The defendant offered to return the $84 paid, with interest, which plaintiff refused.

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Appeal from Blade Hawk District Court. — HoN. A. S. BlaiR, Judge. The plaintiff, who was born in December, jSSO, purchased four lots of defendant May I, 1899, for which he agreed to pay $650 — $42 in cash and $7 per month thereafter — deferred payments to bear «interest at the rate of sis per cent, per annum. Six payments were made, and he then notified defendant that he would pay no more. The defendant offered to return the $84 paid, with interest, which plaintiff refused. They then agreed about March, 1900, that for a team of horses, which was delivered to plaintiff, he would surrender the…

1Opinion of the CourtLadd, J.

„ , .. cmtractf^en-fmffness” defined. The plaintiff was but nineteen years old when he bought of defendant and became owner of The lot?. Within a year, and when still a minor, he exchanged them for a team of horses; This trade he elected to rescind May 3, 1901, seven months prior to his majority, and tendered the horses back to the defendant. The law deals tenderly with a minor in permitting him to disaffirm his contracts, save for necessaries, “within a reasonable time *421after be attains his majority, and restores to the other party all money or property received by him by virtue of the…

2Cases cited6 opinions

  1. Shryock & Rowland v. LatimerTexas Supreme Court · 1882
  2. Abel v. StateSupreme Court of Alabama · 1891
  3. Hickey v. ThompsonSupreme Court of Arkansas · 1889
  4. Green v. WildingSupreme Court of Iowa · 1882
  5. Leacox v. GriffithSupreme Court of Iowa · 1888

1 more not listed; retrieve them via the Exa API.

3Cited by10 opinions

  1. Collins Ex Rel. Collins v. Norfleet-Baggs, Inc.Supreme Court of North Carolina · 1929
  2. McCarthy v. Bowling Green Storage & Van Co.Appellate Division of the Supreme Court of the State of New York · 1918
  3. Carpenter v. GrowMassachusetts Supreme Judicial Court · 1923
  4. Colburn v. AddisonSupreme Court of Iowa · 1919
  5. Lindner Packing & Provision Co. v. Industrial CommissionSupreme Court of Colorado · 1936

5 more not listed; retrieve them via the Exa API.

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