Harris v. Musgrove

Citations

• 59 Tex. 401
• 2 Tex. L. R. 51
• 1883 Tex. LEXIS 182

Syllabus

<p>1. Practice.— Objections to the order of argument in the court below will not be regarded when urged for the first time on appeal.</p> <p>2. Infancy contract. — A contract with a minor is voidable only by the minor or his legal representatives.</p> <p>3. Same.— An appropriation by the father of property sold by the son during his minority wdl not relieve the purchaser from his liability to pay therefor according to . the terms of his contract, unless such appropriation be made by the direction or assent of the minor.</p> <p>4. Same.— The assertion of ownership by a minor of property (sold during his minority) aft\i\ his minority has ceased, which results in preventing the purchaser from obtaining possession, is such a disavowal of his contract as will relieve the purchaser from his obligation to pay for the same; but the assertion of ownership must be distinct and unequivocal.</p> <p>5. Same.— See opinion for the act of one who contracted during minority, which was held not to amount to a disavowal of his contract.</p> <p>6. Parties.— Judgment may be rendered against one who is but a formal party to a suit, if the evidence discloses that he has incidentally received specific value in a transaction connected with the subject of litigation, for which, under the evidence and pleadings, he should account.</p>