ISBN: 9780217947107

Book may have numerous typos, missing text, images, or index. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. 1886. Excerpt: ... obli… Altro …

Book may have numerous typos, missing text, images, or index. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. 1886. Excerpt: ... obligatory upon the plaintiff under the statute of this state, for the want of the sanction of a parent or guardian. It ia such a contract as the minor had a right to disaffirm at his pleasure. This right has been exercised by his abandonment of the service of his master, and by commencing this action for his work. But whether, having thus rescinded the contract, be is entitled to recover for services rendered under it, upon an implied assumpsit, is a question with regard to which the decisions of courts have not been uniform. We believe the sounder principle, and the preponderance of authority to be, that, when a minor enters into a contract, apparently to his advantage, and which has been obtained from him fairly, without any attempt to mislead his judgment, or to impose upon his inexperience, and he chooses to rescind it after having received in part, or in full, the consideration stipulated by the contract, he does not thereby acquire the right of sustaining an action for what he may have advanced under it, whether such advance be in labor, property, or money; and that to suffer him to do so, would be euabling him to practice upon others that fraud and imposition, against which his privilege of infancy was designed to protect himself--that it would be placing in his hands a sword and not a shield: Badger v. Fhinney, 15 Mass. 359 [8 Am. Dec. 105]; 2 Kent Com. 240, 2d ed.; Holmes v. Blogg, 8 Taunt. 508; McCoy v. Huffman, 8 Cow. 84; Weeks v. Leighlon, 5 N. H. 343; Stone v. Dennison, 13 Pick. 1 [23 Am. Dec. 654]. The contract ia the record was evidently advantageous to the minor. It provided for his necessities whether he should be able to labor or not, and guarded his morals by securing to him instruction in a useful occupation. That the services rendered by him happened to excee... John Proffatt, Books, History, The American Decisions (volume 30); Containing All The Cases Of General Value And Authority Decided In The Courts Of The Several S Books>History Purchase of this book includes free trial access to www.million-books.com where you can read more than a million books for free. This is an OCR edition with typos. Excerpt from book: Carmnrtlien, 2 Burr. 869, to have been "calculated only against individuals usurping offices or franchises in corporations, and not against any corporation itself as a body;" and that an information in the nature of a quo tcarranto could not be brought against a corporation as such, except in the name of the attorney-general on behalf of the crown. Under the writ, and the information which supplanted it, these three classes of usurpations or intrusions might be redressed; those of public offices, by private corporations and by municipal corporations. With Respect To What Offices Were Public in the sense that would warrant the issuance of an information for usurping or intruding into them, it was contended, in the leading case of Darley v. Queen, 12 Cl.<

ISBN: 9780217947107

Book may have numerous typos, missing text, images, or index. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. 1886. Excerpt: ... obli… Altro …

Book may have numerous typos, missing text, images, or index. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. 1886. Excerpt: ... obligatory upon the plaintiff under the statute of this state, for the want of the sanction of a parent or guardian. It ia such a contract as the minor had a right to disaffirm at his pleasure. This right has been exercised by his abandonment of the service of his master, and by commencing this action for his work. But whether, having thus rescinded the contract, be is entitled to recover for services rendered under it, upon an implied assumpsit, is a question with regard to which the decisions of courts have not been uniform. We believe the sounder principle, and the preponderance of authority to be, that, when a minor enters into a contract, apparently to his advantage, and which has been obtained from him fairly, without any attempt to mislead his judgment, or to impose upon his inexperience, and he chooses to rescind it after having received in part, or in full, the consideration stipulated by the contract, he does not thereby acquire the right of sustaining an action for what he may have advanced under it, whether such advance be in labor, property, or money; and that to suffer him to do so, would be euabling him to practice upon others that fraud and imposition, against which his privilege of infancy was designed to protect himself--that it would be placing in his hands a sword and not a shield: Badger v. Fhinney, 15 Mass. 359 [8 Am. Dec. 105]; 2 Kent Com. 240, 2d ed.; Holmes v. Blogg, 8 Taunt. 508; McCoy v. Huffman, 8 Cow. 84; Weeks v. Leighlon, 5 N. H. 343; Stone v. Dennison, 13 Pick. 1 [23 Am. Dec. 654]. The contract ia the record was evidently advantageous to the minor. It provided for his necessities whether he should be able to labor or not, and guarded his morals by securing to him instruction in a useful occupation. That the services rendered by him happened to excee... John Proffatt, Books, History, The American Decisions (volume 30); Containing All The Cases Of General Value And Authority Decided In The Courts Of The Several S Books>History, General Books LLC<