Legal Opinion

Blake v. Harding

Utah Supreme Court

Decided March 25, 1919No. 3313PublishedCited by 8 opinions

Appeal from the District Court of Salt Lake County. Third District; Ron. R. B. Porter, Judge. Action by Frank G. Blake, an infant, by T. W. Blake, his guardian ad litem, against C. D. Harding. Verdict and judgment for defendant. Plaintiff appeals.' APPELLANT’S POINTS.

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Appeal from the District Court of Salt Lake County. Third District; Ron. R. B. Porter, Judge. Action by Frank G. Blake, an infant, by T. W. Blake, his guardian ad litem, against C. D. Harding. Verdict and judgment for defendant. Plaintiff appeals.' APPELLANT’S POINTS. When it is said the infant cannot disaffirm if the contract was fair and reasonable at time of making is to assert that he can only disaffirm for fraud or mistake, wlpch places him squarely on the plane of an adult, and deprives him of his privilege of infancy. Any person can rescind for fraud or mistake. MacGreal v. Taylor, 164…

1Opinion of the CourtFrick, J.

Frank Blake, an infant, by T. W. Blake, his guardian ad litem, brought this action against the defendant to recover the value of a certain pony, harness, and buggy. Among other things, it is in substance alleged in the complaint that the plaintiff is an infant; that on a day named he and the defendant entered into an agreement whereby he agreed to sell and deliver to the defendant a certain pony, harness, and buggy at the agreed value of $150, for which defendant agreed to deliver to plaintiff 3,000 shares of the capital stock *160of the Deer Ridge Mining Company, of the agreed value of $150;…

2Cases cited6 opinions

  1. Wuller v. Chuse Grocery Co.Illinois Supreme Court · 1909
  2. Dederichs v. Salt Lake City RailroadUtah Supreme Court · 1896
  3. White v. New Bedford Cotton Waste Corp.Massachusetts Supreme Judicial Court · 1901
  4. Gray v. GrimmCourt of Appeals of Kentucky · 1914
  5. Gage v. MenczerCourt of Appeals of Texas · 1912

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

3Cited by8 opinions

  1. State v. TatumWashington Supreme Court · 1961
  2. State v. JohnsonNew Mexico Supreme Court · 1953
  3. State v. WoodsUtah Supreme Court · 1923
  4. Richardson v. Missouri-K.-T. R.Court of Appeals of Texas · 1947
  5. Brockman v. StateNebraska Supreme Court · 1956

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

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