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54 Mass. 306

Mason v. Wright

Massachusetts Supreme Judicial Court

Decided October 15, 1847

Massachusetts Supreme Judicial Court · decided 1847-10-15

This was an action of assumpsit, brought against Abijah L. Wright and John S. Webber, partners, to recover the balance of an account, due from them to the plaintiffs, for grain and grain bags sold and delivered.

Decided 1847-10-15

Shaw, C. J.

¶1The minor was not competent to enter into trade, and was not bound by the contract, though it was a partnership contract. The case is not distinguishable from that of Tupper v. Cadwell, decided on the present circuit. 12 Met. 559. In that case, we held that a minor was not legally bound to pay for repairs made on his dwelling-house, under a contract made by him, although the repairs were necessary to prevent immediate and serious injury to the house. The law deems a minor incompetent to make such contracts.

¶2The emancipation by the father makes no difference in this respect. It was the mere renunciation of his own right to the services of the son, but did not enlarge the son’s legal capacity.

¶3According to the agreement of the parties, judgment is to e entered for Webber, for his costs. x

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