84 Neb. 196 | Neb. | 1909
In the fall of 1903 the plaintiff, a girl but 15 years old and unmarried, was found to be with child, the result, as she alleged, of illicit intercourse with the defendant’s son,
It is provided by section 341 of the code that, “when the terms of an agreement have been intended in a different sense by the parties to it, that sense is to prevail against either party in which he had reason to suppose the other understood it”; and we have recently held that a party to a contract, who signs the same upon the assurance of the other party that he understands the provisions of the contract to have a certain specified meaning, may, in case the contract cannot be so construed, have an action in equity to reform the same, so that it shall clearly express the meaning specified. Blair v. Kingman Implement Co.,
It is argued that the plaintiff, by accepting the note, ratified whatever was unlawful in the conduct of her guardian and attorney, and that she therefore becomes in pari delicto with the defendant. An agent cannot bind his adult principal beyond the limits of his actual or apparent authority, and the acceptance of the benefits of a contract made for a valid consideration and apparently
We therefore recommend that the judgment of the district court be reversed and the cause remanded for a new trial.
By the Court: For the reasons stated in the foregoing opinion, the judgment of the district court is reversed and the cause remanded for a new trial.
Reversed.