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KIMBALL v. BRUCE.

When a minor buys and receives property of his debtor at an agreed price, in part payment of the debt, and on coming of age is unable to restore the property rescinds the executed contract of purchase and payment, and sues for the amount of the debt, he is not chargeable for the excess of the agreed price above the value of the property.

DOE, C. J.

The defendant has made no effort, by brief or argument, to maintain his exception, and it is untenable. Carr v. Clough, 26 N.H. 280, 293, 294; Heath v. West, 28 N.H. 101, 110; Locke v. Smith, 41 N.H. 346, 353; Young v. Stevens, 48 N.H. 133, 137; Heath v. Stevens, 48 N.H. 251; 2 Kent Com. (12th ed.) 236, n. 1, 240; Benjamin on Sales, s. 27, n. If the chattels were necessaries, the plaintiff was not chargeable for more than their value.

Judgment on the verdict.

BINGHAM, J., did not sit.

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KIMBALL v. BRUCE
(Jun 1, 1878)