Burgett v. Barrick

Supreme Court of Kansas

Burgett v. Barrick

2 Colo. L. Rep. 95

DecidedJanuary 15, 1881

StatusPublished

This text of 2 Colo. L. Rep. 95 (Burgett v. Barrick) is published on Counsel Stack Legal Research, covering Supreme Court of Kansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Burgett v. Barrick, 2 Colo. L. Rep. 95 (kan 1881).

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Opinion

Op. by

Horton, C. J.

An infant’s execu-tory contract is ordinarily voidable—that is, he may, if he chooses, refuse to execute and comply with its provisions, and may at any time when he is sued upon it before he comes of age, or within a reasonable time there-' after, disaffirm the same. But after he becomes of the age of twenty-one years, he cannot disaffirm this contract, without returning to the other party what he may have received under it, if he then still possesses, or has within his control, what he so received.

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Op. by

Horton, C. J.

An infant’s execu-tory contract is ordinarily voidable—that is, he may, if he chooses, refuse to execute and comply with its provisions, and may at any time when he is sued upon it before he comes of age, or within a reasonable time there-' after, disaffirm the same. But after he becomes of the age of twenty-one years, he cannot disaffirm this contract, without returning to the other party what he may have received under it, if he then still possesses, or has within his control, what he so received.

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Bluebook (online)

2 Colo. L. Rep. 95, Counsel Stack Legal Research, https://law.counselstack.com/opinion/burgett-v-barrick-kan-1881.