Gastonia Personnel Corporation v. Rogers

172 S.E.2d 19, 276 N.C. 279, 41 A.L.R. 3d 1062, 1970 N.C. LEXIS 673
CourtSupreme Court of North Carolina
DecidedFebruary 11, 1970
Docket23
StatusPublished
Cited by11 cases

This text of 172 S.E.2d 19 (Gastonia Personnel Corporation v. Rogers) is published on Counsel Stack Legal Research, covering Supreme Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Gastonia Personnel Corporation v. Rogers, 172 S.E.2d 19, 276 N.C. 279, 41 A.L.R. 3d 1062, 1970 N.C. LEXIS 673 (N.C. 1970).

Opinions

Bobbitt, C.J.

Under the common law, persons, whether male or female, are classified and referred to as infants until they attain the age of twenty-one years. 42 Am. Jur. 2d, Infants § 3; 43 C.J.S., Infants § 2.

“By the fifteenth century it seems to have been well settled that an infant’s bargain was in general void at his election (that is voidable), and also that he was liable for necessaries.” 2 Williston, Contracts § 223 (3rd ed. 1959).

An early commentary on the common law, after the general statement that contracts made by persons (infants) before attaining the age of twenty-one “may be avoided,” sets forth “some exceptions out of this generality,” to wit: “An infant may bind himselfe to pay for his necessary meat, drinke, apparell, necessary physicke, and such other necessaries, and likewise for his good teaching or instruction, whereby he may profit himselfe afterwards.” (Our italics.) Coke on Littleton, 13th ed. (1788), p. 172. The italicized portion of this excerpt from Coke on Littleton was quoted by Pearson, J. (later C.J.), in Freeman v. Bridger, 49 N.C. 1 (1856). It appears also in later decisions of this Court: Turner v. Gaither, 83 N.C. 357 [282]*282(1880); Cole v. Wagner, 197 N.C. 692, 150 S.E. 339 (1929); Barger v. Finance Corp., 221 N.C. 64, 18 S.E. 2d 826 (1942). If the infant married, “necessaries” included necessary food and clothing for his wife and child. Freeman v. Bridger, supra.

In accordance with this ancient rule of the common law, this Court has held an infant’s contract, unless for “necessaries” or unless authorized by statute, is voidable by the infant, at his election, and may be disaffirmed during infancy or upon attaining the age of twenty-one. Chandler v. Jones, 172 N.C. 569, 90 S.E. 580 (1916), and cases cited; Barger v. Finance Corp., supra, and cases cited; Fisher v. Motor Co., 249 N.C. 617, 107 S.E. 2d 94 (1959).

In Freeman v. Bridger, supra, the opinion, referring to “such other necessaries,” states: “These last words embrace boarding; for shelter is as necessary as food and clothing. They have also been extended so as to embrace schooling, and nursing (as well as physic) while sick. In regard to the quality of the clothes and the kind of food, &c., a restriction is added, that it must appear that the articles were suitable to the infant’s degree and estate.”

In Freeman, the Court held that timber for the construction of a house on an infant’s land was not a “necessary” and therefore the infant could disaffirm his contract for the purchase thereof.

In Turner, the Court held that money for a professional (medical) education was not a “necessary” and therefore the infant could disaffirm his contract to repay money he had borrowed and used for that purpose. In this connection it is noted: (1) In the excerpt from Coke on Littleton, it is stated that “necessaries” for which “an infant may bind himselfe” included “good teaching or instruction, whereby he may profit himselfe afterwards.” (2) The 1969 statute, now codified as G.S. 116-174.1, authorizes all minors in North Carolina of the age of seventeen years and upwards to enter into written contracts of indebtedness and to execute unsecured notes evidencing such indebtedness “(f) or the sole purpose of borrowing money to obtain post-secondary education at an accredited college, university, junior college, community college, technical institute, industrial education center, business or trade school provided, however, that none of the proceeds of such loans shall be used to pay for any correspondence courses.”

In Skinner v. Maxwell, 66 N.C. 45 (1872), it was held that an infant, who had purchased a stock of goods for use in carrying on a mercantile business, had the right to disaffirm his contractual obligations with reference thereto. The thrust of this decision was to [283]*283preserve fully the infant’s common-law' right to disaffirm contracts involving business transactions. Accord: McCormick v. Crotts, 198 N.C. 664, 153 S.E. 152. In McCormick, it was held that the defendant, a minor, who had purchased “One Superior Machine complete and Snaplite Lens” for use in the Garden Theatre at Biscoe, N. C., was entitled (1) to disaffirm all his contractual obligations with reference to payment of the purchase price, and (2) to recover, all amounts he had previously paid to the plaintiff. The plaintiff was adjudged entitled to the possession of the machine in its used and depreciated condition.

In Jordan v. Coffield, 70 N.C. 110 (1874), the plaintiff recovered for articles sold an infant “just before her marriage, consisting of her bridal outfit, and among other things a suite of chamber furniture costing $55; all of which articles were received and used by defendants, and still are in their service and use, except such of the same as are worn out.” Settle, J., for the Court, said: “There is an exception to the general rule that an infant is incapable of binding himself by a contract made, not in favor of tradesmen, but for the benefit of the infant himself, in order that he may obtain necessaries on credit. As is well said in Hyman v. Cain, 48 N.C’. Ill, 'infants had better be held liable to pay for necessary food, clothing, etc., than for the want of credit, to be left to starve.’ Nor are we to understand by the word necessaries only such articles as are absolutely necessary to support life,, but it includes also such articles as are suitable to the state, station and degree in life of the person to whom they are furnished.” The thrust of this decision is to expand slightly the concept of “necessaries” and to enable some infants to contract for somewhat more than the bare or minimum necessities of life.

When an infant purchased a motor vehicle, whether for pleasure or as necessary for use' in his occupation or employment, the ancient rule of the common law was applied with full vigor. Morris Plan Co. v. Palmer, 185 N.C. 109, 116 S.E. 261 (1923); Collins v. Norfleet-Baggs, 197 N.C. 659, 150 S.E. 177 (1929); Barger v. Finance Cory., supra; Fisher v. Motor Co., supra.

In Morris Plan Co., the defendant purchased a truck and by using it (hauling lumber) made a substantial amount of money. Later, the finance company repossessed and sold the truck. When he purchased the truck and executed a note and chattel mortgage for the purchase price, the defendant was emancipated, married, had the appearance “of a man of full age” and represented falsely that he was over twenty-one. Notwithstanding, the defendant was per[284]*284mitted to disaffirm his contractual obligations and to recover the full amount of the payments he had made to the automobile dealer and to the finance company.

In Collins, the plaintiff, a minor, traded a Chevrolet truck for a Dodge sport roadster and gave the defendant a note and mortgage on the Dodge for the balance of the purchase price. The Dodge was destroyed in a wreck. The plaintiff elected to disaffirm his contract. In an action in his behalf by his general guardian, the plaintiff was permitted to recover from the defendant the fair market value of the Chevrolet truck and in addition the amount he had paid on the balance purchase price note.

In Barger, the plaintiff, when a minor, bought a Graham-Paige car and paid a portion ($38.45) of the purchase price therefor. He traded this car for a Nash and agreed to pay a difference of $257.00.

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Gastonia Personnel Corporation v. Rogers
172 S.E.2d 19 (Supreme Court of North Carolina, 1970)

Cite This Page — Counsel Stack

Bluebook (online)
172 S.E.2d 19, 276 N.C. 279, 41 A.L.R. 3d 1062, 1970 N.C. LEXIS 673, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gastonia-personnel-corporation-v-rogers-nc-1970.