Story Case

John Jones was born on September 28, 1880. On September 27, 1901, he agreed to buy a city lot from Fred Smith, a real estate agent. By this agreement which was made in writing, Jones was to pay $750 for the lot. The deed was to be made and delivered and the money paid thirty days later. Ten days later John Jones decided that he did not wish to buy the lot. He called on Smith and told him he had come to the conclusion that he did not want to buy the lot. He claimed that he was an infant and therefore the contract was not binding on him. Fred Smith then sued him. The right of Smith to recover depended upon whether John Jones was of age when the contract was entered into.

Under the foregoing circumstances, what would be the decision of the Court?

Ruling Court Case. Hamlin Vs. Stevenson, Volume 4 Dana (Kentucky Reports) Page 597

Stevenson owed Hamlin a sum of money which he refused to pay. Hamlin who was still an infant started this action against Stevenson to recover the debt. Stevenson had no real defense on the suit and so filed a dilatory defense to the effect that Hamlin was an infant and therefore ought to bring suit by a "next friend" according to the requirements of the court. It happened that Stevenson made this plea on the day preceding Hamlin's twenty-first birthday and this was also the day of the trial. The question at issue was whether Hamlin had reached his majority on that day. Chief Justice Robertson gave the opinion of the Court:"It is the common law that a person is twenty-one years old on the day preceding the twenty-first anniversary of his birth. Therefore, Hamlin was of age on the day when the plea was filed, and when the issue upon it was tried. Consequently he had the right to prosecute the suit in his own name without the intervention of a friend.

Ruling Law. Story Case Answer

It is the general rule that a person is an infant or minor until such person reach twenty-one years of age. The period of infancy terminates on the day before his twenty-first birthday. In the Story Case, John Jones was of age when the contract was entered into, and therefore the contract was binding upon him, and judgment should be given for the plaintiff.

By statute, in many states, the common law rule regarding the period of infancy has been changed, especially with reference to females. In most states it is provided by statutory enactments that females become of age upon attaining their eighteenth birthday. In the Story Case, John Jones was twenty-one years old on the day he made the contract, and therefore his plea of infancy is not valid.