51 Mich. 103 | Mich. | 1883
The plaintiff, a minor of the age of nineteen, labored as a farm hand for defendant from the last of March until the early part of July, a space of eighty-five days, and brought this action to recover for the service. The defendant had previously paid him $45. The jury found in his favor, and allowed him $5.87, and the defendant brought error to this Court.
At the trial the defendant proposed to recoup damages by
The plaintiff, in consequence of his infancy, was not compellable to pay damages for withdrawing from his contract engagement. [Recoupment is, in substance and effect, a cross-action, and unless the party whom it is attempted to subject to it could be compelled to respond for the damages by an independent action against him, he cannot be reached by recoupment; and such was the position of the plaintiff.
Persons who contract .with minors must understand that they do so at the risk of greater or less disadvantage. The adult binds himself, but the infant does not. And the law has not found it possible to maintain these condition's of inequality, and at the same time secure to the adult the same measure of remedial right which obtains where both parties are of full legal capacity.
The judgment must be affirmed with costs.