Wednesday, December 25, 2013

Obering v. Swain-Roach Lumber Co. case brief

Obering v. Swain-Roach Lumber Co. case brief summary
155 N.E. 712 (Ind.App. 1927)

CASE SYNOPSIS
Defendant appealed from a decision of the Jackson Circuit Court (Indiana) that entered judgment for plaintiff in an action for specific performance of a land contract.

CASE FACTS
Plaintiff brought suit against defendant for specific performance of a land contract. The trial court entered judgment for plaintiff and the court affirmed.

DISCUSSION

  • The court rejected defendant's contention that the contract sued on was too indefinite to be enforceable. 
  • The court also found no merit to defendant's contention thatthe agreement was invalid for want of mutuality. 
  • The court found that the disaffirmance of the contract by defendant on the ground that he was a minor at the time of the execution of the contract did not have the effect of releasing plaintiffs from their obligation. 
  • The court noted that the defense of infancy was a personal defense, which could be taken advantage of only by the infant, and where an infant and an adult entered into a joint contract, or assumed a joint liability, the adult was not absolved from liability on the obligation because the infant took advantage of his right to avoid the contract.
CONCLUSION
The court affirmed the trial court judgment for plaintiff in an action for specific performance of a land contract.

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