Jaques v. Sax
Supreme Court of Iowa
Appeal from Wapello Circuit Court. Action upon a written contract whereby defendant and others are bound, each for himself, to pay plaintiff a.certain compensation on condition that he secure the release of each from obligations executed by them respectively to the Lamar Insurance Company, to pay for stock in that corporation subscribed by them. The petition alleges the performance of the services by plaintiff contemplated in this contract.
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Appeal from Wapello Circuit Court. Action upon a written contract whereby defendant and others are bound, each for himself, to pay plaintiff a.certain compensation on condition that he secure the release of each from obligations executed by them respectively to the Lamar Insurance Company, to pay for stock in that corporation subscribed by them. The petition alleges the performance of the services by plaintiff contemplated in this contract. The answer admits the execution of the contract, but, as a defense, sets up the infancy of defendant. There was a trial to the court without a jury, and…
1Opinion of the CourtReck, J.
The right of plaintiff to’ recover if the defense of infancy is not made out, is not and cannot be questioned under the evidence before us.
It appears from the testimony that defendant is a minor, and that for several years he had been employed in business, receiving and controlling his own wages. For some months before the execution of the contract sued on, he became a partner in a mercantile firm, sharing in the profits but contributing no part of the capital. The co-partnership relation continued until the trial of the action.
i. infant : wi?enadisaffirmed. I. Code, Section 2239, provides…
2Cases cited1 opinion
- Beller v. MarchantSupreme Court of Iowa · 1870
3Cited by4 opinions
- First National Bank v. CaseySupreme Court of Iowa · 1912
- Kuehl v. MeansSupreme Court of Iowa · 1928
- Folds v. AllardtSupreme Court of Minnesota · 1886
- Szwed v. Morris Co.Missouri Court of Appeals · 1915