Bell v. Swainsboro Fertilizer Co

• Decision Date: 21 December 1912
• Docket Number: (No. 4,480.)
• Citation: Bell v. Swainsboro Fertilizer Co, 76 S.E. 756, 12 Ga.App. 81 (Ga. App. 1912)
• Parties: BELL. v. SWAINSBORO FERTILIZER CO.
• Court: Georgia Court of Appeals

76 S.E. 756

12 Ga.App. 81

BELL.

v.SWAINSBORO FERTILIZER CO.

(No. 4, 480.)

Court of Appeals of Georgia.

Dec. 21, 1912.

(Syllabus by the Court.)

Infants (§§ 47, 57, 58^*)—Contracts—Ratification or Disaffirmance.

A contract made by an infant is not void, but merely voidable, upon his election, either during minority or within a reasonable time after majority, to disaffirm. Strain v. Wright, 7 Ga. 568; Gonackey v. General Accident Assurance Corporation, 6 Ga. App. 381, 65 S. E. 53; Bentley v. Greer, 100 Ga. 35, 27 S. E. 974; Vinson v. State, 124 Ga. 19, 52 S. E. 79. Retention after majority of the fruits of a contract made during infancy may amount to ratification. Civil Code 1910, § 4233; Wick-ham v. Torley, 136 Ga. 594, 71 S. E. 881, 36 L. R. A. (N. S.) 57. But even where the consideration received by the infant has been consumed or destroyed by him during infancy, if, after arriving at majority, he expressly ratifies the contract and promises performance, he is bound, although he received no new consideration. See Bryan v. Walton, 14 Ga. 187 (21); Martin v. Byrom, Dud. 203. Applying the foregoing principles to the facts of the present case, the verdict against the infant was warranted; and, as no errors of law are complained of, the judgment overruling the motion for a new trial must be affirmed.

[Ed. Note.—For other cases, see Infants, Cent. Dig. §§ 99, 101-108. 110, 136-148, 149-100; Dec. Dig. §§ 47, 57, 58.*]

Error from City Court of Swainsboro; H. R. Daniel, Judge.

Action by the Swainsboro Fertilizer Company against W. R. Bell. Judgment for plaintiff, and defendant brings error. Affirmed.

Williams & Bradley, of Swainsboro, for plaintiff in error.

Smith & Kirkland, of Swainsboro, for defendant in error.

POTTLE, J. Judgment affirmed.

*.For other cases see same topic and section NUMBER in Dec. Dig. & Am. Dig. Key No. Series & Rep'r Indexes