Taylor v. White

Decided May 30, 1911

Alabama Court of Appeals · decided 1911-05-30

Hearyl before Hon. S. L. Brewer. Assumpsit by White ■& Awbrey against W. G. Taylor. Judgment for plaintiffs and defendant appeals. The court erred in admitting evidence that the defendant said to the plaintiffs before making the contract sued on that he was twenty-one years old, as the defendant could not be boun d by any declaration made while a minor. — 59 Ala. 441; 51 Ala. 377; 86 Ala. 442; 71 Ala. 248; 124 Ala. 574.

Affirmed · Decided 1911-05-30

PER CURIAM.-

¶1Under the defendant’s plea of infancy, on which issue was joined, it was competent to prove statements made by the defendant to the plaintiffs, prior to his entering into the contract sued on, that he, the defendant, was over 21 years of age. The cour(t committed no error in overruling defendant’s motion to exclude the evidence.

¶2This evidence being in, the general charge, requested by the defendant on the issue under the plea of infancy, was properly refused.

¶3These are the only questions presented on the record, and, no error appearing, the judgment is affirmed.

¶4Affirmed.

¶5Note. — The above opinion was prepared by Chief Justice Dowdell, of the Supreme Court, before the transfer of the case to this court, and is adopted by this court.