Collins' Lessee v. Rigua

2 Del. Cas. 78, 1797 Del. LEXIS 66

• Court: Delaware Court of Common Pleas
• Decided: May 2, 1797
• Status: Published

Opinion

Chief Justice.

In this action both plaintiff and defendant claim under William Collins, the elder. First, defendant says he has an alienation bond from plaintiff and his father. Plaintiff answers, I was, an infant, therefore not binding. The contracts entered into by infants are voidable. Second, no evidence of William Collins’ death when the action commenced, if none plaintiff cannot recover. Thirdly, there is a clear distinction between a bond given for payment of money and one with a collateral condition, and I recollect a conveyance bond was given in evidence in a cause in 1776 in which I was attorney for plaintiff.