Yeager v. Knight

Citations

• 60 Miss. 730

Syllabus

<p>Infant. Sued for breach of contract for sale of land. Demurrer to'plea. Practice.</p> <p>It is error for the Circuit Court, in an action to recover damages for the refusal of the defendant to perform a parol contract for the sale of land, to sustain a demurrer to the defendant’s-plea that he was an infant when the contract was made. Such plea should be replied to, because unanswered it presents a good defence.</p> <p>Semble, that if the plaintiff can aver and prove that he was induced, by the positive affirmation of the defendant, to believe that he was of age when the contract was made, and that the defendant, at the time, sought to entrap him into the contract, then secretly intending to repudiate it to his own profit and to the plaintiff’s loss, he would be liable for the damage resulting from his fraud.</p>