#### Clarence A. G. Kuipers, Appellee, v. Math. Thome, Appellant.

Gen. No. 18,374.

(Not to he reported in full.)

Appeal from the Superior Court of Cook County; the Hon. Richard E. Burke, Judge, presiding. Heard in the Branch Appellate Court at the March term, 1912.

Affirmed.

Opinion filed October 9, 1913.

Statement of the Case.

Action in behalf of Clarence A. Gr. Kuipers, a minor, by Annie E. Kuipers, his next friend, to rescind a contract and to recover one thousand dollars advanced thereunder, on ground of infancy. From a decree re*29scinding the contract and ordering a return of the money advanced, defendant appeals.

Abstract of the Decision.

1. Infants, § 23 * —when may rescind partnership agreement. A minor entering into a partnership agreement and advancing money for a half interest in the business may, on ground of infancy, file bill to rescind the agreement and recover the sum advanced.

2. Infants, § 23*—when may repudiate contract. An infant having advanced money upon a contract, voidable because of his infancy, may repudiate the contract and recover the money advanced.

3. Infants, § 23 * —grounds for rescission of contract. Infant is entitled to relief on bill to rescind contract without any averments concerning fraud and misrepresentations.

Thornton & Chancellor, for appellant.

Albert Goetz, for appellee.

*

See Illinois Notes Digest, Vols. XI to XIV, same topic and section number.

Mr. Presiding Justice McSurely

delivered- the opinion of the court.