If an infant desires to ratify an executory contract on attaining his majority, he must ratify the whole contract, and not merely a part. Thereafter his liability is treated as complete and binding from the beginning.

EXAMPLES

1. Bardwell, an infant, contracted with Wallis who agreed to build an addition to the infant's house, for which the infant promised to pay a stated sum. Later the infant refused to pay for the work, and the court said that this work (which was the building of a new porch) was not necessary, and allowed no recovery. Wallis vs. Bardwell, 126 Mass. 366; Bloomer vs. Nolan, 36 Neb. 51.

2. A, an infant, needed money to complete his education, and sold his house to B, who paid a fair price. After A reached legal age he found he could then sell the house for a larger price and notified B to give it back to him, offering to return the price B had paid. This B refused to do, but A nevertheless proceeded to sell the house to C, who sued B. The court gave C the house, saying that A had exercised his right of election promptly. Shipley vs. Bunn, 125 Mo. 445; Dixon vs. Merritt, 21 Minn. 196.

3. Young, an infant, purchased land from Potter and paid the agreed price. He then contracted to sell the same land to Carrell, who promised to pay him $250. After arriving at legal age, the infant continued to keep the land and refused to convey it to Carrell or to accept the purchase money. Carrell sued him, but the court allowed the infant to keep the house, since he had made no act of affirmance after reaching twenty-one. Carrell vs. Potter and Young, 23 Mich. 377.

37. Infants' liability for necessaries. An infant, however, owes the same duty to pay the reasonable value for the necessaries of life which he has received, as exists in the case of insane persons. It is necessary for a person who sues an infant for the value of necessaries to show to the court that the articles were actually necessary in the light of all the circumstances of the What may be a necessary to one person may be a luxury to another. If it can be shown that the articles furnished an infant were actually necessary, the person furnishing them may collect the reasonable value, but not the price which the infant promised to pay, if this was more than the reasonable value.*

case.

*The student should here note, however, that a person suing an infant, even though he may be able to recover a judgment for the value of the necessaries, may be unable to collect any money, because the infant may own no property. In such cases the judgment is without money value until the infant acquires property of his own.

EXAMPLE

Archer, an infant, receives from Jones, a grocer, some potatoes for which he promises to pay $2.00. Archer is living alone at the time and uses the potatoes for his meals. The potatoes are actually worth only $1.50. In a suit against Archer, Jones can recover only $1.50.

Jewelry, walking-canes, liquor, tobacco, bicycles, a saddle and bridle, in certain cases have been declared by courts to be unnecessaries, in the light of the particular facts. Under other facts, including the infant's station in life, a watch, wedding clothes, school books, a microscope, dental service, and room-rent, and in some cases even some of the articles enumerated in the preceding sentence have been declared to be things for which the infant should be compelled to pay the reasonable value, being necessaries.

38. Married women. Married women now generally have the same rights to make contracts in their own name, to hold real and personal property, and the use their earnings, as they had before marriage.* A married woman may also make contracts by which she may bind her husband to pay for necessaries, but not other articles, unless she is acting as his agent, in which case she is subject to the same limitations as other agents. (See section on agency.)

At common law a married woman was not capable of making a valid contract, and was therefore not liable on any contract which she might make; neither could she enforce it. The common law idea was that when a woman married, all her property, rights, and even her separate existence became bound up, and merged, with that of her husband, who alone was deemed capable of engaging in business. The contracts of married women were absolutely void, and not merely voidable as in the case of infants. This harsh view has been changed by statutes in the various states, so that little is left of the old rules.

39. Aliens and Alien Enemies. A contract made with an enemy in time of war is illegal and void, both at common law and under many state statutes. This principle was applied to many contracts made during the Civil War.

There are laws in many of the states restricting aliens' property rights. These serve as a restriction on their power to acquire many property rights by contract, or otherwise.

* Women under legal age, though married, may avail themselves of the defense of infancy, unless living in a state whose statute specifically declares them of age at marriage. Such states are: Iowa, Oregon, Washington.

† Aliens have the same property rights as do citizens in Alabama, Colorado, Indiana, Iowa, Maryland, Massachusetts, New Jersey, Alaska, Florida, Georgia, Maine, Michigan, New Mexico, North Carolina, North Dakota, Ohio, Oregon, Rhode Island, South Dakota, Tennessee, Utah, Wyoming.

40. Agents. An agent is one who acts for another, in making such contracts as he has been authorized to make. He is not personally liable for his acts if he makes only such contracts as he was authorized to make, and he binds only the person who SO authorized him (called the principal). (See chapter on agency.)

41. Corporations. A corporation is a form of business organization which may act in many ways like a natural person. It may only perform such acts, however, as it is specifically empowered to do by statute, and then only in the particular manner which the statute permits. A complete treatment of this subject is presented in the chapter on Corporations.

PRACTICAL SUGGESTIONS

Don't contract with persons whom you fear to be mentally or legally incompetent, because you do so at your peril.

Don't sell goods to married women and charge the items to their husbands unless you are certain the goods are necessaries, or know the husband will pay regardless of his legal rights, because you cannot make him. The husband's consent is sometimes easier to get before the sale, than after.

Avoid selling any goods on credit to infants except necessaries, unless you are willing to rely upon the good nature of the parents to pay their children's bilis, because you create a contract which is binding on you alone.

It is improvident to buy real estate from an incompetent person, without a court order, because if the value goes up he may want it back, and can get it. Don't, if in spite of this advice, you feel that you must do business with an incompetent person, take any advantage of his condition, because the court will protect him and censure you.

Don't sue incompetent persons without consulting your lawyer, because, even though they may be legally liable, you can sue them only by following a complicated legal procedure.

Don't make verbal contracts when you could as well make written ones. There is less opportunity for dispute later.

REVIEW QUESTIONS

1. Sands, a dealer in butter and cheese, entered into a written contract whereby he agreed to employ Potter for three years and in addition to paying him wages, agreed to give him a share in the profits. At the end of three years he paid the wages, but refused to pay the one-half of the profits. Potter sued Sands, who defended on the ground that he was insane when he made the contract. The court declared that Sands at the time he made the contract, was insane, but that "he was then possessed of mind, memory, and senses sufficient to know and comprehend the scope, force, and effect of the particular contract." Can Sands escape from paying Potter a share of the profits? Why?

2. Wanamaker sued Weaver for the purchase price of a dress which he had sold to Mrs. Weaver. This was the first time the Weavers had ever purchased anything of Wanamaker. It was admitted that dresses were ordinarily necessary articles, but Weaver showed to the court that his wife had more dresses than she needed before she made this purchase. Can Wanamaker recover the price of the dress from Weaver? from Mrs. Weaver? Why?

3. Jonas, a real estate dealer, was particularly acute in business when intoxicated. One day when he was so intoxicated that no one believed he knew what he was doing, Baldwin, believing he could take advantage of Jonas in this condition agreed to buy Jonas' farm for $9000. This was really $3000 more than it was worth, though Baldwin did not know it. Later he discovered this fact and refused to take the farm on the ground that Jonas was so intoxicated at the time he made the contract that he did not know what he was doing. Was there a contract? Why? Can Jonas make Baldwin take the farm? Why?

4.

Mahoney, who claimed to be Christopher Columbus whenever he saw a ship, and Simpson, who believed himself to be married although he was not, were both conducting real estate business. Aside from these peculiarities, each was looked upon as a sound business man. Mahoney agreed in writing to sell Simpson a house for $5000, which Simpson agreed to buy. Later Mahoney discovered that the value had advanced and refused to carry out the contract. Was there a contract? Why? Has Mahoney a good defense? Why?

5. Jacob Schneider, an infant, bought some shoes of Bule, a dealer, for which he promised to pay two dollars. A year later he became of age, and on being asked to pay by Bule, stated that he considered his obligation binding on him and would pay shortly. Later he refused to pay altogether and was sued by Bule. The reasonable value of the shoes was one dollar and twentyWhat amount, if any, can Bule recover? Why?

five cents.

42. Mutuality. There can be no contract in the true sense, as distinguished from an implied contract, unless there is an accepted offer. At the moment the offer of one party is accepted by the party to whom it is made, there is a meeting of the minds of the parties. This meeting of the minds is called mutua assent, and the presence or absence of this mutual assent determines whether or not an agreement exists.

43. Agreement. Its Essentials. An agreement, therefore, exists when two or more parties assent to be bound by a contract. Its essentials are:

1. A common intention to create a contract;

2. A communicated offer;

3. An unqualified acceptance.

The conception of a contract as an accepted offer makes it necessary that there be at least two parties. A person cannot enter into an agreement with himself so as to create this legal relation, called contract. He may make as many New Year resolutions as he likes, but these are not contracts, because the law will not enforce them.

44. A common intention to create a contract. Not only must there be at least two parties, but these parties must have a common intention to enter into the contract relation. Even though the offer be formal and complete, it cannot be the foundation of an agreement if it was made and accepted with no intention to create a contract but as a mere jest or joke.