Lymansville Company v. Nieber

Supreme Court of Rhode Island

Lymansville Company v. Nieber

36 A. 1133, 19 R.I. 398, 1896 R.I. LEXIS 108

CourtSupreme Court of Rhode Island

DecidedJanuary 1, 1896

DocketExceptions, c., No. 2036.

StatusPublished

This text of 36 A. 1133 (Lymansville Company v. Nieber) is published on Counsel Stack Legal Research, covering Supreme Court of Rhode Island primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Lymansville Company v. Nieber, 36 A. 1133, 19 R.I. 398, 1896 R.I. LEXIS 108 (R.I. 1896).

Pincite

Opinion

The testimony shows no contract between the plaintiff and defendant for the hiring of the house. The contract was with the father of the defendant, as the head of the family. Though wages of the defendant were taken by the plaintiff for the payment of the rent while he was employed by it, his wages belonged to his father, he being a minor while so employed. The fact that he continued to live with his father as a member of the family after attaining his majority, is not sufficient to show an adoption of the contract or to raise an implied agreement on his part to pay the rent.

New trial granted, and case remitted to the Common Pleas Division with direction to enter judgment for the defendant for costs.

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The testimony shows no contract between the plaintiff and defendant for the hiring of the house. The contract was with the father of the defendant, as the head of the family. Though wages of the defendant were taken by the plaintiff for the payment of the rent while he was employed by it, his wages belonged to his father, he being a minor while so employed. The fact that he continued to live with his father as a member of the family after attaining his majority, is not sufficient to show an adoption of the contract or to raise an implied agreement on his part to pay the rent.

New trial granted, and case remitted to the Common Pleas Division with direction to enter judgment for the defendant for costs.

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Bluebook (online)

36 A. 1133, 19 R.I. 398, 1896 R.I. LEXIS 108, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lymansville-company-v-nieber-ri-1896.