Greensboro Morris Plan Co. v. Palmer
Supreme Court of North Carolina
Appeal by plaintiffs from JíwrdÁng, J., at September Term, 1922, of Guilford. The plaintiffs brought suit to recover $1,308 as damages for false representation and deceit.
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Appeal by plaintiffs from JíwrdÁng, J., at September Term, 1922, of Guilford. The plaintiffs brought suit to recover $1,308 as damages for false representation and deceit. They alleged that on 19 July, 1920, the defendant J. I. Palmer was only nineteen years old, but had the appearance of a man of full age, and was emancipated and married; that at that time he was engaged in the business of hauling lumber and falsely represented to them that he was over twenty-one, by means of which he deceived them and induced them to sell him a truck at the price of $3,014.32, to secure which he executed…
1Opinion of the CourtAdams, J.
It may be remarked in the beginning that the controversy is not concerned with real estate, and that in this jurisdiction the law has been declared with respect to an infant’s right to avoid bis contract relating to personal property. Omitting reference to contracts for necessaries, and to such contracts as a minor is authorized by statute to make, the Court has beld that an infant may, during bis minority, avoid bis contract relating to personal property, and that such avoidance, when effected, is irrevocable and renders the contract null and void ab initio. Pippen v. Ins. Co., 130 N. C.,…
2Cases cited29 opinions
- Kilgore v. JordanTexas Supreme Court · 1856
- Vasse v. SmithSupreme Court of the United States · 1810
- Scott v. . BattleSupreme Court of North Carolina · 1881
- Charles Skinner v. . D. G. MaxwellSupreme Court of North Carolina · 1872
- Rice v. BoyerIndiana Supreme Court · 1886
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