The democrat. [volume] (Weston, W. Va.) 1868-1874, 1872-10-28
The Selling orGOods 10 Minor. for Credit.

AhN oGAAAhN W bN'N' ~ $500
The following Is the opinions Of the
editor OF the law column OF the Land
and L1,r Reporter:
An infant, as the law calls every one
who has not attained the age Of twenty
one years, can not, Us general rule,
make contract which be may not dis
affirm during minority, or within rea'
sonRble time after attaining his major.
ity. Ifyou selllim goods on credit and
no resells them, and then refuses to pay,
you are without legal remedy. II yon
buy horse from him and pay him the
price for 1t, aud he refuses to deliver,
your money is gone, He isnOt liable to
his promissory note or bond, nor for
borrowed money. II he undertakes TO
do n certain net aud receive money in
advance therefor, he cannot be compelled
In perform his promise after he has part
ed with the consideration; nor can the
money be recovered from him, for It was
the folly OF the party to trust him. II,
however, he retain the specific aud iden.
teal consideration, and II can he ideuti-
fed, lie becomes the trustee Of the other
party, aud, rs soon us he disatirms the
contract or refuses to perform It, he is
bound to surrender It. So, II M infant
has advanced money which has been
parted with by the other party. and af-
forwards disafllrms the contract, he can.
not, il lie las received any benefit from
It, recover from the other party the adj
yanced consideration. Thus, II lie buy
large quantity Of grain, and, after sci.
ling a portion, disiilirn his contract, lie
cannot, by returning the remainder, nc
quire right to sue the seller for pro-
portionnl part Of the price. An infant
Is not bound by his executed contracts
tit he in the pNwer OF the other party
10 replace him in the same condition in
respect to the mattera us that in which lie
was before the contract, but in such
cases he must return the consideration
which was advanced 10 him.
The general rule, denying the obliga-
tory power Of IN infants contracts, ad-
mits Of but one exception. He eau
make binding contracts for food, cloth.
ing, medical attendance, and such other
necessaries rs may be suitable to
his actual condition; but, even In these
cases, some care is required on the part
Of the seller. He is bound to ascertain
that the articles which the minor pro-
poses to purchase, Are actually neces-
saries, aud TINT he Il not already pro.
yided with them by his parents, guardian
or friends. An infant who lives with his
parents, or guardian, or other person
under whose care he has been placed by
them, and is properly maintained, can
not bind himself to stranger, or third
pe.son, even for necessaries. "No
man" says Mr.. Justice Gould, "Shall
take upon himself to dictate tn q parent
what clothing the child shall wear, at
what time they shall he purchased, and
Of whom" II tradesmau furnish arti-
cles which might DO necessary IL the
minor were not already supplied by his
parents, or, II conRding in false appear.
ance, he furnish articles too expensive
or numerous for the minors real condi.
ton, lie is not entitled to recover pay for
them.
Infancy is no plea to actions founded
in Misrepresentation or fraud. Ifaui
FAINT falsely represents himself Of age =
or represents that lie is purchasing for
another who is Of age-and on the fifth
Of this, another sell him goods, the sell.
er mRy retake the goods, or sue him for
damages. .r
A person may bind himself by con.
tract made the day previous to his tWen.
~ first birthday and it has been held
that "if one be born on the first day Of
February, at eleven o'clock at night,
and on the last day oil January in the
twenty.frst yearof his age, at Que o'clock
in The morning. lie make will devising
land, it is n good will, for lie was Of
age" It is also settled that an express
promise, after lie comes OF age, to pay
back money borrowed, or for goods pur.
chased during his minority, will bind
him-but such promise must he giyeA
voluntarily und with full knowledge thai
he then stood discharged from all legal
liability,