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Title XXVIII CONTRACTS AND CONTRACTUAL RELATIONS

Chapter 431

Effective - 07 Jan 1975, see footnote bottom

  431.060.  Contracts by persons under eighteen years of age — ratification necessary — how made. — No action shall be maintained whereby to charge any person upon any debt contracted before such person becomes eighteen years of age, unless such person shall have ratified the same by some other act than a verbal promise to pay the same; and the following acts on the part of such person after he becomes eighteen years of age shall constitute a ratification of such debt:

  (1)  An acknowledgment of, or promise to pay such debt, made in writing;

  (2)  A partial payment upon such debt;

  (3)  A disposal of part or all of the property for which such debt was contracted;

  (4)  A refusal to deliver property in his possession or under his control, for which such debt was contracted, to the person to whom the debt is due, on demand therefor made in writing.

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(RSMo 1939 § 3358, A.L. 1974 2d Ex. Sess. S.B. 3)

Prior revisions: 1929 § 2971; 1919 § 2173; 1909 § 2786

Effective 1-07-75

CROSS REFERENCE:

Contracts for attorney fees and expenses of suit, 507.182 to 507.186

(1955) Where infant, on misrepresentation of his age, negotiated loan and mortgage from bank, he was precluded from recovering from bank deposits which the bank had applied on his loan after it became due and unpaid. Infancy, however, held defense to counterclaims of bank for the difference between infant's loans and his deposits. Byers v. Lemay Bank & Trust Co., 365 Mo. 341, 282 S.W.2d 512.

(1959) Infant who induces another to contract with him by misrepresenting to adults that he is of age, resulting in injury, is liable in tort and probate court record of guardianship is not constructive notice that minor is not of age. Royal Finance Co. v. Schaefer (A.), 330 S.W.2d 129.

(1961) In action by landlord against married minor for rent and damages to premises landlord could not recover on ground housing constituted necessity in absence of showing that minor was not supplied with suitable housing by his parent or guardian or of reasonable rental value of rooms occupied.  Johnson v. Horton (A.), 343 S.W.2d 653, cert. denied 82 S.Ct. 529.


---- end of effective   07 Jan 1975 ----

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