Maier

This is an appeal from a judgment in favor of plaintiff for the cancellation of a contract for the purchase of a lot of land, and for the recovery of moneys paid thereunder.

The facts are that Maier, a minor under the age of eighteen, entered into a contract with appellant for the purchase of a lot of land for one thousand two hundred dollars. He ; paid $120 as an initial installment, and from time to time thereafter paid monthly installments, taxes, and interest, amounting in all to $378.05. Before arriving at the age of twenty-one he disaffirmed the contract, and, through his guardian ad litem, instituted this proceeding for the cancellation of the contract and the return of the moneys paid by him.

Appellant filed an answer, counterclaim and cross-complaint, to all of which a motion to strike out was interposed, and granted except as to certain paragraphs denying material allegations of the complaint. Thereafter an amendment to the answer was filed, setting up a denial of payment to appellant, and upon this state of the pleadings the cause proceeded to trial, resulting in findings and judgment for plaintiff and respondent herein.

[1] Appellant concedes that the contract was…