63 So. 159 | Ala. | 1913
— The law seems to be well settled in all jurisdictions that an infant lessee, who receives no benefit as such lessee from rented premises, can recover hack from the lessor any money which he may pay such, 'lessor as rent. In all cases in which he has been held liable for rent or in which he has been denied to recover rents paid, he has received some actual benefit from the use of the property as a tenant.
“The law,” says Parsons, C. J., in Baker v. Lovett, 6 Mass. 78, 4 Am. Dec. 88, “has draw no line between an infant of six years old and one of 20 years old, for all infants are entitled to equal protection.” Certainly an infant of six years of age could not, by any court, be denied the right to recover rents paid out by him on a
In the case of Holmes v. Blogg, 8 Fountain Eep. 503, an infant was not permitted to recover rents paid by him during minority, upon the ground that he had actually occupied the property, and had received value from the use of that property.
• In the case of Kirten v. Elliott, 2 Bulstrode Rep. 69, we find the following from Houghton, J.: “If a lease be made to an infant by the year, and he doth occupy and enjoy this, he shall be charged with the rent.” In the same case we find the following from Dodderidge, J.: “If a greater rent be reserved than the land is worth, •then, peradventure, the infant shall not be charged with it.”
In the case of Corpe v. Overton, 10 Bingham, 252, Tindal, C. J., said: “I think we may arrive at a right determination of this case without impeaching the decision in Holmes v. Blogg, because the facts in the two cases are manifestly distinguishable. * * * The ground, therefore, of the judgment in Holmes v. Blogg was that the infant had received something of value for the money he had paid, and that he could not put the defendant in the same position as before.” In the same case, Bosanquet, J., said: “I am also of opinion that this rule ought to be discharged; but we are far from
We have quoted at length from the above case for the purpose of calling attention to the fact that the English judges, at an early period, drew a distinction between cases of this character in which the infant received some benefit for the money paid out by him, and those cases in which he received no benefit for the money paid out by him, and that, in all cases, whether he received benefit
In the case of Valentini v. Canali, 24 Q. B. D. 166, Coleridge, C. J., said: “When an infant has paid for something and he consumes or uses it, it is contrary to natural justice that he should recover back the money which he has paid.” In Kelley’s Gase, the rule is stated as follows: “A lease to an infant is not void, but voidable only, and, if it be beneficial to him, he is liable to an action for the rent thereof.” — Ketley’s Case, Cro. Jac. 320.
In all of the English cases in which the right of an infant to recover rent which had already been paid, has been recognized, or in which he was required to pay the rent, the courts proceeded upon the theory that the in
In the case of Riley v. Mallory, 33 Conn. 201; we find the following: “The privilege of an infant to avoid contracts Avhich are injurious to him and rescind those Avhich are not is not an exception to a general rule, but a general rule with exceptions. The law assumes the incapacity of an infant to contract. It also recognizes the fact that the limitation of infancy is arbitrary; that it is indipensably necessary that an infant should be at liberty to contract for necessaries; and that he may happen to make other contracts which will be beneficial to him. It does not therefore forbid him to contract, but gives him for his protection the privilege of avoiding contracts which are injurious to him and rescinding all others, whether fair or not, whether executed or executory, and as well before as after he arrives at full age— excepting from the operation of the privilege only contracts for necessaries, contracts which he may be cornil ellecl in equity to execute, and executed contracts, Avliere he has enjoyed the benefit of them, and cannot restore the other party to his original position. These exceptions are founded in the necessities of the infant, or required by a just regard for the equitable rights of others. The exception which the defendant claims to exist, founded' on the simple fact that the infant has paid
In the subsequent case of Gregory v. Lee, 64 Conn., 407, 30 Atl. 53, 25 L. R. A. 618, the court said: “Under the facts stated, it must be conceded that this room, at
We have quoted copiously from the above cases for the purpose of fully illustrating the proposition that in all jurisdictions an infant may avoid an executed contract from which he has derived no actual benefit, and, in an action at law, recover any moneys- which he has paid out on account of such contract. In the above case of Riley v. Mallory, the Supreme Court of Connecticut points out that, even in England, the broad language of the court in- Holmes v. Blogg, supra, had been repudiated, and that the true foundation for the decision in that case was the fact that the infant had received something of value to him in the use of the leased premises. The rule in Alabama which is in accord with the great weight of Ameifican authorities is more restricted than is indicated even in the above Connecticut cases.
In the case of Flewner & Lichten v. Dickinson, 72 Ala. 318, 322, this court, through Somerville, J., said: “The following propositions we consider to be settled by the modern decisions in this country, including our own adjudged cases: (1) Infants are not liable on any of their contracts, excepting on In for necessaries — the sum to be recovered in such case bsing the just value of the necessaries, and not what wasjagreed to be paid. (2) The- only act which an infant is legally incapacitated to perform is the appointment of an attorney. (3) All other contracts of infants, whether executory or executed, may be avoided or ratified at the election of the infant, being considered voidable and not absolutely void. —Philpot v. Bingham, 55 Ala. 435; Manning v. Johnson, 26 Ala. 446, 62 Am. Dec. 732; Clark v. Goddard, 39 Ala. 164, 84 Am. Dec. 777; Vasse v. Smith, 1 Amer. Lead. Cases (5th Ed. 242, 300; Bishop on Contr. §§ 260-266; 2 Greenl. Ev. § 264 et seq.; 7 Wait’s Act & Def. 131; Rainwater v. Durham, 2 Nott & McC. [S. C.] 524, 10 Am. Dec. 637; Bool v. Mix, 17 Wend. [N. Y.] 119, 31 Am. Dec. 285; Wheaton v. East, 5 Yerg. 41, 26 Am. Dec. 251; Taylor on Lan. & Ten. §§ 93, 96; 2 Brick. Dig. 109, § 8 et seq. The obligation here sued on was executed by the appellees while they were minors under the age of
In the case last cited this court was dealing with the question of rent past due, and from the rented lands the defendants retained and sold the crops raised by them thereon during their tenancy. True, in that case, the rent had not been paid; but, as already stated we find no distinction drawn by the courts with reference to the respective rights of the infant and his lessor in cases in which the rent is past due and not paid and when it has been paid, unless the rent paid could be held to be a payment by an infant for necessaries.
In the instant case, if the instrument is a lease — upon which we express no opinion — the plaintiff was entitled to the judgment which in this case he obtained. The lease representing nothing that was necessary for the infant, and he, in fact, derived no benefit whatever from it. It seems to us that the opinion of the Court of Appeals in this case is in irreconcilable conflict with the doctrine announced by this court in Eureka Company v. Edwards, supra, and in Flexner & Lichten v. Dickinson, supra. We take it that the rule is well established in this state, in keeping with the rule which applies in most of the states, that an infant’s disaffirmance of his contract makes it void, and that at law he may always recover back what he has paid out on such contract, unless the money paid was for necessaries, without being required to make a tender of what he has received under the contract or to even attempt to put his adversary in statu quo. — 1 Parsons on Contracts (9th Ed.) bottom pages 364, 365, 366, and 367, and authorities cited in the notes.
2. There are some loose expressions in the books about when an infant may avoid or affirm, his contracts. An infant may avoid his contracts either before or after he arrives at lawful age. He can affirm his contracts only after he arrives at lawful age.
3. The judgment of the court below was rendered ■upon an agreed statement of the facts. Upon those undisputed facts the plaintiff is entitled, as matter of law, to the judgment which, in the court below, was rendered in his favor. The judgment of the Court of Appeals is therefore reversed, and a judgment is here rendered affirming the judgment of the Birmingham city court.
4. The above opinion was prepared under the orders ■of this court to meet the views of all the members of this court on the questions discussed, except D’owdell, C. J., .and McClellan, J., who dissent.
Reversed and rendered.