Edgewood Highland Land Co. v. McFerren
Alabama Court of Appeals
Appeal from Birmingham City Court. Heard before Hon. C. C. Nesmith. Assumpsit by H. H. McFerren .against the Edgewood Highlands Laud Company. Judgment for plaintiff and defendant appeals.
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Appeal from Birmingham City Court. Heard before Hon. C. C. Nesmith. Assumpsit by H. H. McFerren .against the Edgewood Highlands Laud Company. Judgment for plaintiff and defendant appeals. The complaint was on the common count for money had and received, and a special count setting up the fact that, at the time the contract or agreement was entered into and at the time the payments were made, plaintiff was a minor, but that, since having his disabilities of non-age removed, he had become dissatisfied with the trade, and had rescinded same, and demanded of defendant a return of the money which…
1Opinion of the Court
PELHAM, J. —
The instrument executed by appellee, under the terms of which he made certain payments to appellants, being a lease (Heard v. Heard & Lee, et al., 41 South. 827), the real question presented by this appeal is whether the appellee, a minor at the time of entering into the lease agreement and making payments under its provisions, upon disaffirming the contract can recover the amount of rent paid by him to the appellant during the continuance of the contract, while he (the minor) was in possession of the property.
There is quite a distinction recognized by all of the best considered…
2Cases cited2 opinions
- Johnson v. Northwestern Mutual Life Ins.Supreme Court of Minnesota · 1894
- Ex parte McFerrenSupreme Court of Alabama · 1913