INFANTS - MINORITY AS A DEFENSE TO RESCISSION FOR FRAUD

Two defendants, one of whom was a minor, sold a business to the plaintiff. The plaintiff, in seeking to rescind the contract on the ground that it was induced by fraud, obtained a decree declaring the contract cancelled, and judgment was entered against the defendants for the sums they had received from the plaintiff. The minor defendant filed a petition to vacate the judgment as to him because during the trial no guardian ad litem had been appointed to represent him. Held, defendant is entitled to a new trial only if he could have made a good defense, and here since the plea of infancy, which the defendant wished to make, would not have defeated the plaintiff's action, the petition is denied.

Beardsley v. Clark, (Iowa, 1940) 294 N. W. 887.