A Selection of Cases On Domestic Relations And Law of Persons
A Selection of Cases On Domestic Relations And Law of Persons
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This suit is brought by Jones, to recover rent for the time Weaver occupied the lot; and Weaver insists that he should be allowed to recoup the value of his improvements, which gave to the lot its principal yearly value; the rent, aside from such im- provements, being quite inconsiderable.
The court, among other things, charged the jury that, if the ' 2 Bl. Com. 293; Co. Lit. 3a.
382 INFANCY.
plaintiff (Jones) was a minor at the time of selling the lot, and they should find that such sale was n...ot an advantageous one to the plain- tiff, then the contract would be void, and the damages could not be recouped.
The counsel for the defendant in error endeavors to maintain the correctness of this charge, upon the alleged ground that a bond with a penalty, given by an infant, is absolutely void, and that being void, the defendant below must be regarded in the light of a mere trespasser, and as such not entitled to recoup for improvements.
If this position be correct, we think it is very clear the plaintiff, Jones, has no standing in the court; for the action of assumpsit will not lie, in the absence of a contract either expressed or implied; and no contract for the payment of rent is implied, by law, as against a mere naked trespasser.
What to read after A Selection of Cases On Domestic Relations And Law of Persons?
You can find similar books in the "Read Also" column, or choose other free books by Edwin H Edwin Hamlin Woodruff to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
This suit is brought by Jones, to recover rent for the time Weaver occupied the lot; and Weaver insists that he should be allowed to recoup the value of his improvements, which gave to the lot its principal yearly value; the rent, aside from such im- provements, being quite inconsiderable.
The court, among other things, charged the jury that, if the ' 2 Bl. Com. 293; Co. Lit. 3a.
382 INFANCY.
plaintiff (Jones) was a minor at the time of selling the lot, and they should find that such sale was n...ot an advantageous one to the plain- tiff, then the contract would be void, and the damages could not be recouped.
The counsel for the defendant in error endeavors to maintain the correctness of this charge, upon the alleged ground that a bond with a penalty, given by an infant, is absolutely void, and that being void, the defendant below must be regarded in the light of a mere trespasser, and as such not entitled to recoup for improvements.
If this position be correct, we think it is very clear the plaintiff, Jones, has no standing in the court; for the action of assumpsit will not lie, in the absence of a contract either expressed or implied; and no contract for the payment of rent is implied, by law, as against a mere naked trespasser.
What to read after A Selection of Cases On Domestic Relations And Law of Persons?
You can find similar books in the "Read Also" column, or choose other free books by Edwin H Edwin Hamlin Woodruff to read onlineMoreLess
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