Printable Format38-103. Contracts that may not be disaffirmed. No contract can be thus disaffirmed in cases where, on account of the minor's own misrepresentations as to his majority, or from his having engaged in business as an adult, the other party had good reasons to believe the minor capable of contracting.
History: G.S. 1868, ch. 67, ยง 3; October 31; R.S. 1923, 38-103.
Law Review and Bar Journal References:
1953-55 survey of family law, Dan Hopson, Jr., 4 K.L.R. 224, 240 (1955).
Gifts to minors, Melvin C. Poland, 5 W.L.J. 29 (1965).
"Juvenile Informants - A Necessary Evil?" Darci G. Osther, 39 W.L.J. 106 (1999).
CASE ANNOTATIONS
1. Capable of contracting "means" legally capable of contracting. Burgett v. Barrick, 25 Kan. 526, 530.
2. Executory contracts of infant are ordinarily voidable. Burgett v. Barrick, 25 Kan. 526, 527.
3. Minor engaged in business as an adult may disaffirm contract with one not deceived. McClure Motor Co. v. Irwin, 137 Kan. 528, 530, 532, 21 P.2d 403. Modified: McClure v. Irwin, 138 Kan. 35, 23 P.2d 470.
4. Mentioned in holding jurisdiction not acquired of minor; insufficiency of process. Pierson v. Brenneman, 171 Kan. 11, 12, 229 P.2d 1019.
5. Applied; minor held liable for damage to airplane. Pottawatomie Airport & Flying Service, Inc. v. Winger, 176 Kan. 445, 449, 450, 271 P.2d 754.