Childs v. Dobbins
Supreme Court of Iowa
Appeal from Montgomery District Court. On the 20th day of July, 1875, the plaintiff filed his petition, by his nest friend, alleging, in substance, that on or about the 24th of March, 1875, being a minor, he entered into a parol contract with the defendant for the purchase of certain trees and shrubbery for the price of five hundred dollars, which he then paid; that the fact of plaintiff’s minority was known to defendant; that on or about the 29th day of March, 1875, the…
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Appeal from Montgomery District Court. On the 20th day of July, 1875, the plaintiff filed his petition, by his nest friend, alleging, in substance, that on or about the 24th of March, 1875, being a minor, he entered into a parol contract with the defendant for the purchase of certain trees and shrubbery for the price of five hundred dollars, which he then paid; that the fact of plaintiff’s minority was known to defendant; that on or about the 29th day of March, 1875, the plaintiff" disaffirmed the contract and tendered back to the defendant all the nursery stock delivered to him, at the place…
1Opinion of the CourtDay, J.
1. minor : disaffirmance. — The disaffirmance was made by the plaintiff during his. minority. The only question presented by the appeal is whether the plaintiff could, under section 2238 of the Code, disaffirm the contract before attaining his majority. The rule of the common law upon this subject is that contracts which relate only to the person *206or to personal property may be avoided at any time, i Parsons on Contracts, 5th Ed., 322, and cases cited; Reeves’ Domestic Relations, 3d Ed., pp. 344, 353, 366 and 381, and cases cited.
Section 2238 of the Code provides: “A minor is bound, not only…
2Cases cited1 opinion
- Murphy v. JohnsonSupreme Court of Iowa · 1876
3Cited by7 opinions
- Wuller v. Chuse Grocery Co.Illinois Supreme Court · 1909
- Seeley v. Seeley-Howe-Le Van Co.Supreme Court of Iowa · 1905
- Beickler ex rel. Beickler v. GuentherSupreme Court of Iowa · 1903
- Blake v. HardingUtah Supreme Court · 1919
- Leacox v. GriffithSupreme Court of Iowa · 1888
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