National opinion. [volume] (Bradford, Vt.) 1865-1874, 1872-10-25
The Selling Of Goods 10 Minors for Credit.

The following is the opinions OF til
editor OF the law column Of the Ian
and Lar Reporter.
An infant, az tho law calls every on
who has not attained the age OF twenty
one years, can not, rs n general rule
make contract which he may not dis
affirm during minority, or within rea
sonable time after attaining his major
ity. lfyou sell him goods on credit ant
he resells them, and then refuses to pay
you are without legal remedy. II you
buy horse from him and pay him the
price for il, and he refuses to deliver
your money is gone. He is not liable to
his promissory note or bond, nor foi
borrowed money. II he undertakes to
do n certain act and receive money in
advance therefor, he cannot be compelled
to 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 tho party to trust him. IT.,
however, he retain the specific and iden-
teal consideration, and it can be identi-
fed, he becomes the trustee OF the other
party, and, ms soon rs he disailirms the
contract or refuses to perform it, he is
bound to surrender it. So. il IN infant
has advanced money which has been
parted with by the other party, and af
forwards disaflrms the contract, he can.
not, if he has received any benefit from
it, recover from the other party the adj
vanced consideration. Thus, il he buy
a large quantity of grain, and after sell
ling portion, disailirm his contract, he
cannot, by returning the remainder, ac-
quire right to sue the seller for pro-
portional part Of the price. An infant
is not bound by his executed contracts
il it be in the power OF the other party
to replace him in the same condition in
respect to the matter rs that in which he
was before the contract but in such
cases he must return the consideration
which was advanced to him.
The general rule, denying the obliga-
tory power OF an infants contracts, ad-
mils Of but one exception. He can
make binding contracts for food, cloth
ing, medical attendance, and such other
necessaries as 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-
,aries, and that he il not already pro
'ided with them by his parents, guardian
)r friends. An infant who lives with his
parents, or guardian, or other person
inder whose care he has been placed by
hem, and Is properly maintained, can
lot bind himself to stranger, or third
re son, even for necessaries. "No
nan" says Mr.. Justice Gould, "shall
AXE upon himself to dictate to parent
.hat clothing the child shall wear, ut
What time they shall be purchased, and
If whom" If tradesman furnish arti-
les which might be necessary if the
minor were not already supplied 10y his
'arents, or, if confiding in false appear
nee, he furnish articles too expensive
II numerous for the minors real condi-
ion, he is not entitled to recover pay for
hem.
Infancy is no plea to actions founded
n misrepresentation or fraud. If an in
ant falsely represents himself of age
II represents that he is purchasing for
mother who is Of age-and on the faith
t this, another sell him goods, the sell
r may retake the goods, or sue him for
amages.
A person may bind himself by con- {
ract made the day previous to his twen- 6
Y first birthday --and it has been held '
nat IF one be born on the first day of '
'ebruary, at eleven o'clock at night, t
nd on the last day of January in the {
wentv- first year of his age, at one o'clock {
1 the morning. he make n will de vising '
md, it is n good will, for he was of l
ge." 1t is also settled that an express a
romisc, after he comes of age, to pay v
ack money borrowed, or for goods pur- 7
1ased during his minority, will bind g
im-but such promise must lie given $
and with full knowledge that Ii
e then stood discharged from all legal S
ability. I