Newspapers / The Chowan Herald (Edenton, … / Oct. 31, 1957, edition 1 / Page 11
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firms is the La*w JL —jjyi u,. 1 . f Mi JSx£f| Ift lAhrsL By ROBERT E. LEE (For ih* H.C. Bar Association) Unenforceable Contracts Os Minors May an adult enter into an en forceable contract with a minor? The general rule is that an adult cknnot make a contract that is binding upon a person less than twenty-one years of age. A con tract for necessaries is an excep tion to the general rule. Legally speaking, persons less than' twenty-one years of age are infants. They do not have the necessary legal or mental capacity to make an agreement that is en forceable against them. . The ordinary contracts of an in-1 faht are voidable at the option of I the infant. An adult party to a I Contract cannot by an act on hisj part escape his obligation to per form; but an infant may at his option disaffirm or elect not to perform his obligation. An infant can secure the advantage of a good bargain and relieve himself of one that is bad. When does a minor become an adult? * , A minor reaches his majority on the first moment of th&.d&y preceding his twenty-firth birth day. This is said to result from the fact that the law does not take into account fractions of days. As the law has been forced through necessity to fix an arbitrary time limit for the defense of infancy, a person is an adult with full ca pacity, to contract on the day be fore his twenty-first birthday. s Charlie Jones, age twenty, rep resents to the Smith Motor Com pany that he is twenty-two years of age'. He looks to be twenty two years of age, and the v .gmifh Motor Company, relying on the representation, sells to Jones a new automobile at a price of-$3,- 000. Jones pays $1,500 in cash and gives to the Smith Motor Cbmpany a promissory noje se cured by a conditional sales agree ment for the balance. Jones uses the car for eight months, wrecks it, and brings the car into the Smith Motor Company as a heap of junk and demands the return of his money. During the past eight months Jones has made monthly payments under the cbn ditional sales agreement amount ing to SSOO. May Jones recover $2,000 from the Smith Motor Company and refuse to make fur tlfcrpHymonifiv t'rfW&fdAtlte pur« LINFIELD ■ .BOURBON years old 1 STRAIGHT M I BOURBON I n : nt 111 WHISKEY 111 P lil 86 PROOF '*?KINSEY DISTIU-ERS COMPANY . PHILADELPHIA, PA. ■ chase price of the automobile? Yes. The automobile was not a necessary for the particular in fant. An infant may disaffirm his contracts for items of personal pr perty other than necessaries at an. time before he reaches twen ty me or within a reasonable time thereafter. . ""he fact that Charlie Jones lied ab ut his age is immaterial under tb> court decisions of North Car ol; la. A minor borrows money from an adult. Subsequent to reach ing twenty-one years of age, he promises to pay. May there be a recovery of the money he bor rowed as a minor? Yes. After reaching his ma jority a person may ratify and thc-eby turn a voidable contract created during infancy into a val id and enforceable contract. The particular contract has been rati fied. Ratification cannot be ef fectually made until the infant has reached his majority. « | Weeklv Devotional Column ! By JAMES MaeRENZIE - < -n* m■« —r< - -» —~ Anyone who has ever read Arnold Toynbee is acquainted with' his theory of the historical cycle. Indeed, it is not neces isary to read Toynbee to discover I the cycle, it is repeated again | and again in the Book of Judges, Jin the Holy Bible. Briefly, the cycle runs like this: 1. A nation goes from bond age to spiritual faith; 2. From spiritual faith to courage; 3. From courage to liberty; 4. From liberty to abundance; 5. From abundance to selfish ness; 6. From selfishness to com placency; 7. From complacency to apathy; , 8. From apathy to depend ency; 9. From dependency back again to bondage. You who are conversant with the history of our own land will recognize the working of this cycle in it, and perhaps you will be interested in deciding how far we are along the cycle at the present time. Offhand, I would say at five or six. Now look at ancient and mod ern history. Scan the historical progression of ancient Egypt, Assyria, Babylonia, Medo-Persia, — u I "LfXi*Yy\ l -U ll \J-Lri/Y n r> rr ~ - - ' ~ THZ CHOWAH HERALD. SBEHTOH, NORTH CASOLiHA. THURSDAY, OCTOBER 31. 1957. Greece, Rome—-the same cycle is evident. France, Spain, the Netherlands, Poland, Germany, Portugal, all rise and fall to the tune of the historical cycle. But there is one exception: England. Toward the middle of the eighteenth century England was rapidly coasting toward the end of the cycle. Her people apathetic, her churches dead on their feet, there seemed to be no hope for the grand old island re public. Then God raised up men like the Wesleys, Whitfield, Top lady and others who preached the Gospel in the fields, on the comers of streets and in the cogl mines, and England experienced an outpouring of the Holy Spirit that rejuvenated every fibre of its being and inaugurated a new period of greatness and prosper ity. Like a mighty army the sons and daughter of England sought out the far comers of the earth . and carried there the glorious Gospel of grace. In 1887 Queen Victoria celebrated j her golden jubilee to the tune of “Pomp and Circumstance.” “The sun never sets on the Brit ish Empire” was the proud boast. Canada issued a memorial- series of postage stamps with a map of the world spn them, the British Empire in red (one-fourth of the earth’s land surface at that time), and the words, “A greater empire than has been.” At that time the mission fields were manned by British missionaries, and a few Germans and Ameri cans. But in the midst of this celebration .Rudyard Kipling wrote a solmen warning: Far-called our navies melt away; On dune and headland sinks the fire; Lo, all our pomp of yesterday Housework Easy Without Nagging Backache Nagging backache, headache, or muscular aches and pains may come on with over-exer tion, emotional upsets or day to day stress and strain. And folks who eat and drink unwisely sometimes suffer mild.bladder irritation •.. with that restless, uncomfortable feeling. If you are miserable and worn out because of these discomforts, Doan's Pilte often kelp by their pain relieving action, by their sooth ing effect to ease bladder irritation, and by their mild diuretie action through the kidneys —tending to increase the output of the 15 miles of kidney tubes. So if nagging backache makes you feel dragged-out, miserable... with restless, sleep less nights... don’t wait... try Doan’s Pills.. • get the same happy relief millions have en joyed for over 60 years. Get Doan’s Pills today 1 Doan’s Pills Ad No. 117—41 lines * ~ I ~ iti*' '"**'*' 1. -<vf- •> iVi m Bmu ivHrJV . m :..^v TRADITIONAL —A procedure used by early Arctic explorers to plow through heavy ice is utilized by crewmen of the U.S. Coast Guard cutter Spar as the ship steams along the route of the famed “Northwest Passage” across the top of North Amer ica. The men are lowered with axes on concrete blocks which serve a double purpose: weights to warp the ship free from ice and crushers to pound the ice ,to powder./ Is one with Nineveh and Tyre! For heathen heart that puts her trust In reeking tube and iron shard— All valiant, dust that builds on • M IHI V YV . M It Be/ A.<- Ir.poh Spo r l Coupe-new (o«of> ALMOST TOO NEW TO BE TRUE! ’SB CHEVROLET I %0%0 \O l ■WM Bf lIV nil ■ ■ The biggest, boldest move any car ever made! • Meet the ’SB Chevrolet .. . panther-quick, road. There are two new rides—Full Coil sus- ■ PjMp W$ tilk-smooth .. . with alB unlike any other, pension and a real air ride*. The body-frame 'lf B B 111 a Full Coil suspension, a real air ride .. . design is new, the wheelbase is longer. |pl||, m two new super models! Here today! There’s a new 4-headlight system, new 6 Iff || \ * Look at Chevrolet’s airy new styling. That’s and V 8 P ower - foot-operated parking brake. BSB 1 * how new Chevrolet is all over! It’s lower, two new su P er models the Bel Air H wider—nine inches longer. Impala Sport Coupe and Convertible, most There’s an all-new Turbo-Thrust VB* en- luxurious and distinctive Chevrolets of all. See gine. Pair it up with Turboglide*, and you’ll ad fh ats new at y° ur Chevrolet dealers soon! command the quickest combination on the •Optional at extra cost. /Imlm I ill It a/W vM \ A Vl III I Jl/ffl. Ka V %\ lKt Only franchised Chevrolet dealers display this famous trademark See Your Local Authorized Chevrolet Dealer | * Manufacturer's License No. 110 ••;••. -.- 4 dust, And guarding, calls not Thee to guard— For frantic boast and foolish word, Thy mercy on Thy people, Lord. Since then England has con tinued down the cycle until now she is about at “eight.” For the past forty years the British Em pire has been living on its repu tation. Where is America? We have no Kipling to warn us—but bet ter yet we have a word from the Sacred Page. America, hear the Word of the Lord: “Blessed is the nation whose God is the Lord, and the people whom He hath chosen for His own inher itance . . . there is no king saved by the multitude of an host: a mighty man is not delivered by much strength. A horse is a vain thing for safety; neither shall he deliver any by his great strength. Behold, the eye of the Lord is upon them that fear Him, upon them that hope in His mercy.” (Psalm 33:12, 16-18). Let us be silent that we may hear the whisper of God. —Emerson. LISTEN EACH SUNDAY AT 8:45 A. M. to The Melody Five Edenton’s Own Spiritual Group OVER RADIO STATION WCDJ Occident racTS;^ Raleigh—The most frequent er rors committed by drivers in last year’s fatal North Carolina traffic accidents were: 1. Exceeded stated speed limit. 2. Driving in wrong lane. 3. Under influence of alcohol. 4. Failed to grant right-of-way. 5. Ignored stop sign or signal. An unintentional driving error can be just as deadly as a delib erate one, reminds the State De partment of Motor Vehicles. Sun Glare Reduced By Highway Trees Planted trees strategically placed along slightly curving highways will greatly reduce sun glare on East-West highways at the time of day when the sun shines most directly into the eyes of motorists, according to the American Association of Nursery- men. While there are no statistics to show how much of a factor sun glare is in relation to accidents, it is stated, it definitely tires motor ists and causes headaches when driving for extended periods into the face of the sun. A few trees planted where existing roadside vegetation or land contours do not obscure the sun in the early j morning or late afternoon im M ESggpgt A £ 10 REASONS WHY . i YOU SHOULD HAVE f 8 a BEDROOM TELEPHONE if | a ,' > Nor. & Car. Tel. & Tel. Co. , Elizabeth City . Edenton - Hertford Manteo - Sunbury —SECTION TWQ PAGE THREE proves driving comfort immeasur ably, it is said. Good Reason Friends What’s this I hear about your graduating? I thought you had two more vears in school. Football Player I had, but j the coach won’t renew my con tract.
The Chowan Herald (Edenton, N.C.)
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Oct. 31, 1957, edition 1
11
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