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; specifically, attorney fees are not considered necessaries. The minor is only liable for the reasonable value of the medical services rendered.

Rule

Contracts of minors are voidable, and while minors are liable for necessaries, this obligation arises from a quasi-contractual relationship for the just value of the necessaries, not from the express terms of the contract. Attorney fees are not considered necessaries.

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