Ex Parte Odem

537 So. 2d 919 · Supreme Court of Alabama · 1988

Facts

Iris Odem, a minor, contracted with Children's Hospital for medical services for her infant son, which are considered 'necessaries.' She later disaffirmed the contract. The hospital sought to enforce the entire contract, including provisions for attorney fees.

Issue

Is a minor who executes a contract for 'necessaries' obligated to comply with all express terms of the contract, specifically those regarding attorney fees and waiver of personal exemptions?

Holding

No, a minor is not obligated to comply with all express terms of a contract for necessaries, particularly attorney fees. The minor is only liable for the reasonable value of the necessaries under a quasi-contractual obligation.

Rule

Contracts of minors are voidable. While minors are liable for the reasonable value of 'necessaries' under a quasi-contractual theory, they are not bound by other express terms of the contract, such as attorney fee provisions, because attorney fees are not considered 'necessaries.'

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Case brief last reviewed 2026-04-18. Prepared by CaseReader from the published opinion.