Kay v. Haupt
Citations
- 63 Pa. Super. 16
- 1916 Pa. Super. LEXIS 91
Syllabus
<p>Contracts — Infants—Disaffirmance of contract — Replevin.</p> <p>Whére an. infant on coming of age disavows a contract by which he had purchased and acquired possession of goods without revealing his age. the vendor cannot maintain an action of assumpsit to enforce the contract, nor can he, if the goods are no longer- in the possession of the vendee, maintain an action of replevin and recover a money verdict for the goods.</p> <p>In such a case the vendor cannot show as evidence of fraud that the vendee had entered into similar contracts with other parties; nor that he made statements to mercantile agencies as to his assets, without an offer to prove that such statements were false.</p>
Judges: Head, Henderson, Kephart, Lad, Rice, Trexler
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